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MANUAL 

FOR  THE  USE  OF  THE 

OVERSEERS  OF  THE  POOR 

IN  THE 

CITY  OF  BOSTON. 


PREPARED  BY  A COMMITTEE  OF  THE  BOARD. 


BOSTON: 

J.  E.  FARWEI.L  AND  COMPANY,  PRINTERS  TO  TIIE  CITY, 

37  Congress  Strerjf. 

1 8 6 6. 


57 

l#U 


MAR  9 1988 


0O0IQH  gSL’-K-  L1BB&M 
Kill,  fAA  02167. 


* 

\ 


P 11 E F A C E . 


The  following  Manual  has  been  prepared  for  the  use  of  “ The  Over- 
seers of  the  Poor  in  the  City  of  Boston,”  by  a Committee  of  that 
Board.  It  is  not  designed  as  a Treatise  on  the  Poor  Laws,  nor  even 
to  include  all  such  information  as  might  be  required  by  these  officers 
in  other  cities  or  towns  of  the  Commonwealth.  In  this  city  a portion 
of  the  jurisdiction,  conferred  upon  Overseers  of  the  Poor  by  the  general 

laws,  has  been  transferred  to  other  officers,  while,  on  the  other  hand, 
* ^ 
they  exercise  in  Boston  certain  powers  giv§n  by  special  acts,  and  are 

charged,  in  a corporate  capacity,  with  the^dministration  of  various 
Charitable  Trusts  for  the  Poor.  The  purpose  of  the  Committee  in  the 
preparation  of  this  Handbook  has  been  simply  to  furnish  such  a com- 
pilation of  the  laws,  ordinances,  instruments,  and  rules  under  which 
the  Overseers  exercise  their  powers,  and  such  other  information?  in 
regard  to  practical  matters,  as  they  may  desire  to  consult  in  the  per- 
formance of  their  duties. 

Some  historical  and  other  matter  has  been  added.  During  the 
progress  of  the  work,  enactments  have  been  made,  which  will  be  found 
at  the  close  of  the  volume,  containing  some  modifications  of  statutes 
previously  inserted. 

In  the  preparation  of  this  book  the  Committee  have  fallen  upon  an 
early  example  of  a similar  publication. 

“ I have  met,”  says  Sir  Greorge  Nicholls,  in  his  History  of  the  Eng- 
lish Poor  Law,  “ with  a small  book,  entitled,  an  * Ease  for  Overseers  of 


IV 


PREFACE. 


the  Poor,’  printed  at  Cambridge,  in  1601  ; and,  therefore,  most  likely 
written  before  the  passing  of  the  43d  of  Elizabeth  in  the  same  year.” 

The  modest  address  with  which  the  author  submits  his  work  to  the 
reader  may  not  be  inappropriate  for  a similar  offering,  after  the  lapse  of 
two  hundred  and  sixty-five  years. 

“ I have  set  forth  this  Treatise,  not  for  ambition,  as  Nimrod  did  the 
Tower  of  Babel,  to  get  a name ; nor  for  vainglory,  as  Absalom  did  a 
pillar,  to  preserve  his  name  (for  which  cause  I forbear  my  name),  but 
of  mere  affection  to  my  native  country,  to  further  it.  If  there  be  any- 
thing omitted,  amend  it ; if  there  be  something  worth  the  following, 
use  it ; if  it  be  a little  defective,  excuse  it.” 


Boston , August  1,  1866. 


TABLE  OF  CONTENTS. 


Law  of  Settlement * 1 

Overseers  of  the  Poor 13 

Overseers  of  the  Poor  in  Boston 17 

General  Laws  and  Ordinances  24 

Paupers 2f> 

Statutes 28 

Returns  to  be  made  by  Overseers  of  the  Poor,  etc 33 

An  Act  concerning  Returns  of  Sheriffs,  Keepers  of  Jails  and 
Houses  of  Correction,  and  Overseers  of  the  Poor,  (1864,) . 36 

Admissions 37 

Discharges 37 

Paupers  fully  supported 39 

Persons  relieved  and  partially  supported 39 

Travellers  lodged,  and  persons  sent  to  the  State  Alms- 
house   39 

State  Almshouses  40 

An  Act  concerning  the  admission  of  sick  persons  to  the 

State  Almshouses,  (1865,) 44 

Bastard  Children 45 

Commitment,  support,  discharge,  etc.,  of  Insane  in  State  Lunatic 

Hospitals 46 

An  Act  to  amend  an  Act  in  relation  to  State  Charitable  and 

Correctional  Institutions,  (1864,) 49 

Masters,  Apprentices,  and  Servants 51 

An  Act  concerning  Masters  and  Apprentices,  (1865,) 55 

Settlement  of  Paupers 56 

An  Act  relating  to  the  settlement  and  relief  of  persons  who 
have  served  in  the  Army  and  Navy  of  the  United 

States,  (1865,) 59 

Dead  Bodies 60 

House  of  Industry 62 

Pines 65 

Sales  of  Land  by  Guardians 65 

An  Act  in  relation  to  State  Charitable  and  Correctional  Institu- 
tions, (1863,) / 65 

A Digest  of  Decisions  71 


Vi  TABLE  OF  CONTENTS. 

Apprentices , 71 

Overseers  of  the  Poor 71 

Paupers 72 

I.  What  constitutes  a Pauper,  and  who  can  acquire  a Settlement  72 

II.  Settlement  of  Paupers  — how  acquired  or  lost 73 

(а)  By  approbation,  and  not  being  warned  out 73 

(б)  By  derivation  74 

Married  W omen 74 

Legitimate  Children 74 

Illegitimate  Children 75 

Slaves 76 

(c)  By  living  on  a freehold  estate,  &c 76 

(<Z)  By  having  an  Estate,  &c.,  and  being  assessed  therefor..  77 
(e)  By  serving  as  a Town  Officer,  or  being  an  Ordained 

Minister 78 

(/)  By  incorporation  or  division  of  Towns 78 

(g)  By  residence,  and  paying  taxes 82 

(A)  How  prevented  by  being  relieved  as  a Pauper 84 

(i)  How  lost  when  once  acquired 84 

III.  Actions  for  supporting  Paupers 85 

(a)  Against  the  Pauper’s  Kindred 85 

( b ) By  individuals  against  Towns 85 

(c)  By  Towns  against  individuals 88 

(tZ)  By  Towns  against  Towns 88 

(1)  When  and  for  what  the  action  will  lie  ; and  of  the 

Pleadings,  Evidence,  and  Trial 88 

(2)  Of  the  Notice 93 

(3)  Estoppel 95 

IV.  Removal  of  Paupers 96 

V.  Penalty  for  bringing  a Pauper  into  a Town  96 

VI.  Lunatic  Paupers  and  State  Paupers 97 

Lunatic  Paupers 97 

State  Paupers ; i 98 

Statutes  and  Ordinance  relating  to  the  Overseers  of  the  Poor  of  the 

Town  or  City  of  Boston 99 

An  Act  for  Employing  and  Providing  for  the  Poor  of  the  Town  of 

Boston,  (1735,) 100 

An  Act  for  Incorporating  the  Overseers  of  the  Poor  of  the  Town  of 

Boston,  (1772,)  103 

An  Act  to  Incorporate  Oliver  Wendell  and  others  as  Trustees  of  John 

Boylston’s  Charitable  Donations,  &c.  (1803,) 105 

An  Act  in  addition  to  the  foregoing  Act,  (1814,) 107 

An  Act  in  addition  to  an  Act  entitled  “An  Act  to  Incorporate  the 

Boston  Asylum  for  Indigent  Boys,”  (1824,) 108 

An  Act  in  relation  to  the  Overseers  of  the  Poor  of  the  City  of  Boston, 

(1862,) 109 

An  Act  concerning  the  Overseers  of  the  Poor  of  the  City  of  Boston, 
(1864,) 110 


TABLE  OF  CONTENTS 


Vll 


An  Ordinance  relating  to  the  Overseers  of  the  Poor,  (1864,) 112 

Order  of  the  City  Council  in  regard  to  a Building  for  Overseers  of  the 

Poor,  (1864,)* 115 

Trust  Funds  held  by  the  Overseers  of  the  Poor  in  Boston  as  a Corpora- 
tion   116 

I.  Donation  of  “ A.  B.” 116 

II.  Devise  of  Daniel  Oliver 121 

III.  Legacy  of  Margaret  Blackader 123 

IV.  Donation  of  John  Scollay  124 

V.  Legacy  of  Alice  Quick 124 

YI.  Legacy  and  Devise  of  Mary  Ireland 125 

VII.  Donation  or  Legacy  of  Anne  Wheelwright 128 

VIII.  Legacy  of  Benjamin  Pemberton 128 

IX.  Legacy  of  Martha  Stevens . 131 

X.  Devise  of  David  Jeffries 131 

XI.  Legacies  and  Devise  of  John  Boylston 132 

XII.  Legacy  of  Jonathan  Mason 139 

XIII.  Donation  of  Mr.  Bowen 139 

XIV.  Fines  from  Mr.  Justice  Gorham 139 

XV.  Legacy  of  Samuel  Dexter 140 

XVI.  Legacy  of  Mrs.  H.  Driscoll 140 

XVII.  Legacy  of  William  Breed 141 

XVIII.  Donation  of  Samuel  Swett 141 

XIX.  Legacy  of  Samuel  Elliot 141 

XX.  Legacy  of  John  Coffin  Jones 141 

XXI.  Legacy  of  Mary  Belknap 142 

XXII.  Charities  founded  by  David  Sears 142 

Fifty  Associates’  Charity 146 

Ledger  Balances,  June  12,  1866 146 

Statement  of  the  Investment  of  Trust  Funds  in  hands  of  the  Overseers  of 

the  Poor  in  the  City  of  Boston,  June  12,  1866 147 

By  Laws  of  the  Overseers  of  the  Poor 148 

Overseers  of  the  Poor  in  the  City  of  Boston,  (1866,) 151 

Standing  Committees 151 

Officers  of  the  Searstan  Charter  House 152 

The  City  Temporary  Home 152 

Rules  for  the  Office 156 

Bill  of  Fare  for  the  Inmates 157 

Dinners 157 

List  of  Overseers  from  1691  to  1866,  inclusive 158 

List  of  the  Treasurers  of  the  Overseers  of  the  Poor  of  Boston, 

from  1760  to  1866,  inclusive 161 

* The  following  additional  order  has  been  recently  passed : — 

Ordered:  That  the  order,  approved  December  30,  1864,  in  relation  to  private  contribu- 
tions towards  the  erection  of  a Central  Relief  Building  for  the  use  of  the  Overseers  of  the 
Poor,  be  so  amended  that  the  city  shall  provide  such  a building  whenever  the  sum  of 
$17,000  shall  have  been  raised  by  private  subscription  for  the  purpose  and  paid  into  the 
City  Treasury. 


[. Approved  July  6,  1866.] 


TUI 


TABLE  OF  CONTENTS. 


List  of  Acts  relating  to  Paupers  or  Overseers  of  the  Poor,  &c *102 


Statutes  prior  to  the  Revised  Statutes 1G2 

Revised  Statutes 170 

Statutes  subsequent  to  the  Revised  Statutes 171 

General  Statutes 178 

Statutes  subsequent  to  the  General  Statutes. 179 

City  Documents 183 

Extracts  from  the  Records  of  the  Town  of  Boston,  relating  to  the  Poor,  &c.  185 

Appropriations  for  the  Overseers  of  the  Poor 194 

Acts  of  1866  : 


An  Act  to  Provide  State  Aid  for  Disabled  Soldiers  and  Sailors  and 

their  Families,  and  for  the  Families  of  the  Slain 196 

An  Act  to  Establish  a State  Workhouse 202 

An  Act  to  Establish  a State  Primary  School 205 

An  Act  relative  to  State  Paupers 207 

An  Act  in  relation  to  State  and  other  Paupers 208 

An  Act  in  addition  to  “An  Act  to  provide  State  Aid  for  Disabled 
Soldiers  and  Sailors  and  their  Families,  and  for  the  Families  of  the 
Slain” 209 


An  Act  concerning  the  Care  and  Education  of  Neglected  Children. . .210 
An  Act  to  define  Chap.  230  of  the  Acts  of  the  year  1865,  relative  to 
the  Laws  of  Settlement 212 


An  Act  concerning  Alien  Passengers  on  Vessels  coming  from  without 
the  United  States 212 


LAW  OF  SETTLEMENT. 


The  support  of  the  poor  in  Massachusetts  was  provided  for 
by  legislation  at  an  early  period.  In  1639  it  was  ordered, 

“That  any  shire  court,  or  any  two  magistrates  out  of  court, 
shall  have  power  to  determine  all  differences  about  lawful  set- 
tling and  providing  for  poor  persons,  and  shall  have  power  to 
dispose  of  all  unsettled  persons  into  such  towns  as  they  shall 
judge  to  be  most  fit  for  the  maintenance  and  employment  of 
such  persons  and  families  for  the  ease  of  this  country.” 1 

Rules  to  determine  the  settlement  of  paupers — that  is  to  say, 
the  town  or  other  organization  by  which  they  should  be  sup- 
ported— were  from  time  to  time  established,  and  provision 
made  for  the  determination  of  disputes  in  reference  to  this  subject. 
In  1659  it  was  enacted  “ that  where  any  person  with  his  family, 
or  in  case  he  hath  no  family,  shall  be  resident  in  any  town  or 
peculiar  of  this  jurisdiction  for  more  than  three  months  without 
notice  given  to  such  person  or  persons  * * * * that  the  town 
is  not  willing  that  they  should  remain  as  an  inhabitant  amongst 
them,”  or  if  they  remained  after  such  notice,  without  an  appli- 
cation by  the  selectmen  to  the  next  county  court  for  relief, 
such  person  or  persons  should  be  provided  for  by  that  place. 
The  county  courts  were  to  determine  complaints  of  this  nature, 
subject  to  an  appeal  to  the  Court  of  Assistants.  If  no  place 
was  so  liable,  the  pauper  was  to  be  supported  at  the  expense  of 
the  county  by  such  town  thereof  as  the  county  court  should 
designate.2  In  1675  this  provision  was  modified  in  cases  where 
the  sufferers  had  been  4 4 forced  from  their  habitations  through 
the  present  calamity  of  the  war,”  and  the  burden  of  their 


1 Anc.  Chart.  173. 


1 


/ 


2 Ibid. 


2 


LAW  OF  SETTLEMENT. 


support,  “ where  necessity  requires,  by  reason  of  inability 
of  relations,  &c.”  was  thrown  upon  “ the  publick  treasury.”1 

As  early  as  1767  it  was  provided  that  the  cost  of  removing 
poor  persons  not  settled  in  Massachusetts  but  in  some  other  prov- 
ince or  colony,  if  not  paid  by  themselves,  should  be  borne  by 
the  province;2  and  in  1794,  by  a general  act  in  regard  to  the 
“ Relief  and  support,  employment  and  removal  of  the  Poor,” 
provision  was  made  for  the  removal  of  poor  persons  having  no 
lawful  settlement  in  the  State,  or  their  support  at  the  expense  of 
the  Commonwealth.3 

The  rules  of  settlement  have  varied  at  different  periods,  be- 
coming much  more  complicated  and  stringent  than  the  simple 
provision  of  1639  ; but  where  these  have  not  designated  the  place 
obliged  to  support  the  pauper,  his  support,  since  the  act  of 
1793  at  least,  has  been  derived  from  the  Commonwealth. 

The  interval  between  1692  and  1810  has  been  divided  by 
Mr.  Jonathan  Leavitt,  in  a work  upon  the  Pauper  Laws  of 
Massachusetts,  believed  to  be  generally  accurate,  into  five  dif- 
ferent periods,  viz:  (1)  between  1692  and  1701,  (2)  between 
1701  and  1767,  (3)  between  1767  and  1789,  (4)  between  1789 
and  1794,  (5)  between  1794  and  1810,  in  all  which  these  rules 
varied  more  or  less. 

In  the  first  period,  between  1692  and  1701,  a settlement 
might  be  gained  in  five  modes. 

1.  By  marriage.  — A woman  by  a valid4 5  marriage  acquired 
the  settlement  of  her  husband,  if  he  had  any  within  the  Com- 
monwealth ; if  not,  she  retained  the  one  she  had  at  the  time  of 
her  marriage. 

2.  By  parentage.  — Legitimate  children  took  the  settlement  of 
their  father,  if  he  had  any ; if  he  had  none,  then  that  of  their  mo- 
ther, if  she  had  any  ; but  did  not  follow  the  settlement  of  a parent 
after  emancipation,6  unless  incompetent  to  acquire  another ; 6 and 


1 Anc.  Chart.  174. 

3 St.  1793,  c.  59. 

4 9 Mass.  201 ; 12  Mass.  363. 

5 4 Mass.  493;  13  Mass.  469;  3 Pick.  173. 

6 15  Mass.  237. 


2 Anc.  Chart.  663. 


LAW  OF  SETTLEMENT. 


3 


the  settlement  derived  from  the  mother  did  not  change  when  she 
acquired  a new  settlement  by  marriage  during  their  minority.1 

The  children  of  slaves  derived  no  settlement  from  their  par- 
ents,2 but  when  born  in  this  State  were  free,3  and  would,  there- 
fore, it  is  supposed,  have  been  settled  under  the  third  mode, 
viz : — 

3.  By  birth.  — The  birthplace  of  illegitimate  children,  and,  it 
is  supposed,  of  legitimate  children  whose  parents  had  no  settle- 
ment, was  the  place  of  their  settlement,4  “ unless  fraud  or  law- 
ful restraint  should  interpose.” 5 

4.  By  slavery.  — While  slavery  was  tolerated,  the  slave 
had  the  settlement  of  his  master,  and  if  the  master  died  intestate 
the  slave  became  the  property  of  his  administrator,  and  acquired 
the  settlement  of  the  latter.6  But  if  merely  hired  as  a servant 
and  not  held  in  slavery,  he  acquired  no  settlement  from  the  person 
hiring  him.7  If  a slave  married  a free  man  or  a free  woman  a 
slave,  it  is  doubtful  whether  the  wife  thus  gained  a new 
settlement.8 

5.  By  a residence  of  three  months  without  warning;9  af- 
ter which  the  resident  was  to  be  reputed  an  inhabitant  and 
supported  by  the  town,  unless  his  or  her  relations,  in  the  line  of 
parents  or  grandparents,  children  or  grandchildren,  were  of 
sufficient  ability. 

This  method  was  provided  by  a provincial  statute  passed  in 
1692,  and  called  the  4th  of  William  & Mary.10  It  was,  how- 
ever, enacted  that  it  should  66  not  be  understood  of  any  persons 
committed  to  prison  or  lawfully  restrained  in  any  town,  or  of 


1 16  Mass.  52,  74. 

2 13  Mass.  547 ; 10  Cush.  408. 

3 4 Mass.  129 ; 16  Mass.  75 ; 10  Cush.  408. 

4 8 Cush.  75. 

5 12  Mass.  432. 

6 2 Dane  Ab.  412 ; 4 Mass.  123,  539 ; 14  Mass.  257. 

7 12  Mass.  400. 

8 4 Mass.  539.  For  a provincial  act  prohibiting  the  manumission  of  slaves, 
until  security  for  their  support  should  be  given,  &c.  see  Anc.  Chart.  745. 

9 As  to  the  sufficiency  and  proof  of  the  warning,  see  10  Mass.  506 ; 2 Pick. 
436 ; 18  Pick.  544  ; 19  Pick.  489. 

10  Anc.  Chart.  251. 


4 


LAW  OF  SETTLEMENT. 


such  as  shall  come  or  be  sent  for  nursing  or  education,  or  to 
any  physician  or  surgeon  to  be  healed  or  cured.” 

This  was  the  only  method,  during  this  period,  by  which 
settlements  could  be  gained  by  persons  competent  to  acquire 
them  in  their  own  right  ;*  and  persons  who  were  incompetent  to 
gain  settlements  in  their  own  right  could  not  acquire  them  by 
residence  in  this  or  any  period.1 2 

Nor  could  a pauper  at  any  time  acquire  a settlement  by  resi- 
dence without  warning,  if  that  residence  was  designedly  con- 
cealed from  the  town  authorities.3  But  a warning  to  a man 
‘ ‘ and  family  ” prevented  his  wife  and  children  from  obtaining 
a settlement.4 

In  the  second  period,  from  1701  to  1767,  there  were  seven 
ways  of  gaining  a settlement : (1)  Marriage  ; (2)  parentage  ; 
(3)  birth;  (4)  slavery;  (5)  twelve  months  residence  without 
warning.5  Actual  continuous  presence  during  the  twelve 
months  was  not  necessary.6 

If  a man  came  to  dwell  in  a town,  and  was  warned,  and 
a return  thereof  was  duly  made  within  the  year,  he  could  not 
gain  a settlement  there  by  residence ; but,  if  he  left,  and  returned 
after  an  absence  sufficiently  long  to  acquire  a settlement  else- 
where, a new  warning  was  necessary  to  prevent  him  from  ac- 
quiring a settlement  in  that  town.7  A minor  married  with  his 
father’s  consent  could  not  acquire  a settlement  in  this  mode.8  But 
a child  born  to  one  who  was  warned  under  the  statute  of  1692 
did  gain  a settlement  by  a year’s  residence  after  his  majority 
without  warning.9  The  change  from  old  to  new  style,  in  1752, 
did  not  accelerate  the  majority  of  any  person  then  born,  or  the 
time  at  which  the  year  would  terminate.10 


1 Leavitt,  8. 

2 Leavitt,  7 ; 4 Mass.  123 ; 12  Mass.  383 ; 15  Mass.  203  ; 10  Pick.  514. 

3 6 Pick.  1. 

4 3 Mass.  322.  As  to  the  settlement  of  Indians,  see  13  Mass.  547. 

5 Anc.  Chart.  362.  8 15Mass.  203 ; 10  Pick.  514. 

6 4 Mass.  312 ; 14  Mass.  363.  9 16  Mass.  454. 

7 4 Mass.  131.  10  10  Pick.  512. 


LAW  OF  SETTLEMENT. 


5 


(6)  Approbation  of  the  town.1  (7)  Approbation  of  the 
Selectmen.2 

And,  by  an  explanatory  and  retrospective  act,  passed  in  1739, 3 
it  was  declared  that  the  approbation  of  the  town  must  be  ob- 
tained at  a regular  meeting,  and  that  of  the  Selectmen  at 
their  meeting,  in  writing,  under  their  hands,  or  under  the 
hands  of  a major  part  of  them. 

In  the  third  period,  from  1767  to  1789,  there  were  four 
methods  in  which  a settlement  might  be  gained:  (1)  Mar- 
riage ; (2)  parentage,  an  illegitimate  child  taking  and  following 
the  settlement  of  its  mother  ;4  (3)  slavery.  But,  slavery  having 
been  abolished,  it  is  supposed,  by  the  adoption  of  the  constitu- 
tion of  1780, 5 it  would  seem  to  follow  that  no  settlement  could 
be  gained  by  that  method  after  that  time.  (4)  Approbation  of 
the  town.  This  method  was  provided  by  an  act  published 
March  20,  1767,  which  enacted:  “That,  from  and  after  the 
tenth  day  of  April  next,  no  person  whatsoever  coming  to  reside 
or  dwell  within  any  town  in  this  province  shall  gain  an  inhabi- 
tancy in  such  town  by  any  length  of  time  he  or  she  may  con- 
tinue there  without  warning,  unless  such  person  shall  first  have 
made  known  his  or  her  desire  to  the  Selectmen  thereof,  and  ob- 
tained the  approbation  of  the  town,  at  a general  meeting  of  the 
inhabitants,  for  his  dwelling  there ; nor  shall  any  town  be 
obliged  to  be  at  charge  for  the  relief  and  support  of  any  person 
residing  in  such  town,  in  case  he  or  she  stand  in  need,  that  have 
not  been  approved  as  aforesaid,  and  all  such  persons  as  have 
not  been  approved  as  aforesaid,  together  with  their  children, 
whether  born  before  or  after  their  coming  to  such  town,  in  wed- 
lock or  otherwise,  shall  be  liable  to  be  sent  or  conveyed  to  the 
town  where  they  properly  belong,  by  a warrant  from  a Justice 
of  the  Peace,  who  is  hereby  empowered,  upon  application,  from 
the  Selectmen  of  the  town  from  which  such  person  or  persons 

1 See  10  Pick.  22 ; 13  Gray,  343,  for  decisions  as  to  the  approbation  of  the 
town  under  another  statute.  Anc.  Chart.  362. 

2 Anc.  Chart.  362. 

3 Anc.  Chart.  519. 

4 14  Mass.  382 ; 8 Cush.  75. 

5 4 Mass.  123;  18  Pick.  209.  And  see  13  Mass.  547,  550;  16  Mass.  74. 


6 


LAW  OF  SETTLEMENT. 


are  to  be  sent,  to  issue  his  warrant  accordingly,  excepting  for 
such  as  are  apprentices  to  some  inhabitant  or  inhabitants  of 
such  town,  who  shall  not  be  liable  to  be  sent  or  conveyed  out  of 
any  town  where  they  are  apprentices  till  the  time  of  their  ap- 
prenticeship is  expired.”  1 Mr.  Leavitt  states2  that  this  was  a 
temporary  act,  and  is  said  to  have  expired  for  a short  time,  but 
was  soon  revived,  and  continued  in  force  until  June  23,  1789. 
After  the  passage  of  this  Act,  no  person  could  gain  a settle- 
ment by  residence  without  warning,  unless  he  obtained  such 
approbation.3  This  was  the  only  mode  of  acquiring  a new 
settlement,4  and  an  implied  approbation,  as  by  accepting  a list 
of  jury-men  containing  the  name  of  a person  who  had  come  to 
the  town  to  reside  was  not  sufficient.5 

Nor  was  a vote  by  which  J.  S.  and  others  were  ‘ 4 consti- 
tuted” one  of  the  school  districts  of  the  town,  evidence  of  the 
approbation  required  by  the  statute.6 

Under  this  statute,  no  settlement  could  be  acquired  by  birth, 
and  that  method  was  abrogated.7 

The  fourth  period,  from  1789  to  1794,  appears  to  have 
been  governed  by  the  act  of  June  23,  1789, 8 which  provided 
six  methods  by  which  a settlement  might  be  acquired  by  citizens 
of  this  State. 

(1)  By  being  seised  of  an  estate  of  freehold  of  the  clear 
annual  income  of  three  pounds  (ten  dollars),  and  residing 
thereon,  or  within  the  same  town  or  district,  occupying  and  im- 
proving the  same,  in  person,  for  the  space  of  two  whole  years. 

As  to  what  constituted  an  estate  of  freehold  under  this  pro- 
vision, reference  may  be  had  to  the  decisions  noted  in  the  mar- 
gin of  that  section  of  the  present  law,  in  which  a similar  phrase 
is  used. 

1 Anc.  Chart.  663. 

2 Leavitt,  20. 

3 3 Mass.  436,  440;  4 Mass.  486;  7 Mass.  1;  10  Pick.  514;  13  Gray,  341. 

4 13  Mass.  550. 

6  10  Pick.  22. 

6 13  Gray,  341. 

7 4 Mass.  135;  13  Mass.  550;  14  Mass.  382;  8 Cush.  75. 

8 St.  1789,  c.  14. 


LAW  OF  SETTLEMENT. 


7 


A warning  would  not  prevent  the  acquisition  of  a settlement 
in  this  mode.1  It  was  not  necessary  that  the  owner  should  be 
of  full  age,  or  that  he  should  actually  and  continually  reside 
on  the  lands,  or  cultivate  and  improve  them  with  his  own  hands, 
although  it  was  otherwise  if  the  lands  were  demised,  so  that  the 
lessee  had  the  occupation.2  A residence  on  territory  under 
the  actual  jurisdiction  of  this  State,  although  within  the 
rightful  jurisdiction  of  another,  which  afterwards  obtained  the 
actual  jurisdiction,  on  the  correction  of  the  boundary  line,  was 
sufficient  to  s;ive  a settlement.3 

It  would  appear  to  have  been  necessary  that  the  estate 
should  be  of  the  income  required  for  each  of  the  two  years,4 
although  not  necessary  that  that  amount  should  actually  have 
been  received  yearly  ;5  but  that  it  would  not  be  of  that  value, 
within  the  meaning  of  the  statute,  if  the  estate  was  mortgaged, 
in  fee,  to  secure  a sum,  the  interest  of  which,  if  deducted  from 
the  income,  reduced  it  below  the  amount  required.6 

(2)  By  residence  and  payment  of  a town  tax,  after  the  age 
of  twenty-one  years,  for  the  term  of  five  years  successively. 

This  method  never  went  into  operation,  because  it  was  less 
than  five  years  from  the  passing  of  this  act  to  the  time  of  its 
repeal,  which  took  place  on  the  11th  February,  1794.7 

(3)  By  a residence  of  two  successive  years  without  warning. 
This  method  never  took  effect.  The  term  of  residence  pre- 
scribed by  this  statute  was  extended  to  three  years  by  an  act 
passed  the  9th  of  March,  1791, 8 and  by  an  act  passed  the  6th 
of  March,  1792, 9 was  prolonged  to  four  years,  and  afterwards 
was  further  extended  to  five  years,  by  an  act  passed  the  2 2d  of 
March,  1793.10 

1 3 Mass.  436.  2 7 Mass.  1. 

3 6 Cush.  320.  4 3 Pick.  198. 

5 4 Gray,  57. 

6 6 Mass.  50;  11  Mass.  327.  The  four  cases  last  cited  relate  to  St.  1793, 

c.  34,  but  are  referred  to  as  analogous ; and  reference  may  be  also  had  to  other 

decisions  upon  that  and  the  present  law. 

7 St.  1793,  c.  34,  § 1 ; 4 Mass.  384. 

8 St.  1790,  c.  39. 

9 St.  1791,  c.  44. 

10  St.  1792,  c.  69. 


8 


LAW  OF  SETTLEMENT. 


And,  before  the  five  years  elapsed,  all  these  acts  were  re- 
pealed ;l  so  that,  since  the  10th  of  April,  1767, 2 there  has  been 
no  time  when  a settlement  could  be  gained  by  residence  merely. 

(4)  By  vote  of  the  town,  in  case  such  citizen,  after  the  pass- 
ing of  such  vote,  should  reside  or  dwell  in  the  town. 

(5)  Marriage. 

(6)  Parentage.  Children  born  in  wedlock,  at  the  time  of 
their  birth  and  afterward,  were  to  be  deemed  inhabitants  of  the 
same  town  or  district  with  their  parents  : if  otherwise  born, 
to  be  deemed  inhabitants  with  the  mother  until  they  obtained  a 
legal  settlement  in  some  other  town  or  district.  So  that,  under 
this  statute,  illegitimate  children  followed  the  settlement  of  their 
mother  until  they  obtained  a new  settlement  of  their  own,  and 
also  followed  every  new  settlement  she  might  gain.3 

It  was  provided,  however,  that  no  person  imprisoned  or  law- 
fully detained,  coming  or  being  sent  for  nursing,  education,  or 
support,  or  to  learn  a trade  or  mystery,  or  coming,  or  being 
sent,  to  any  physician  or  surgeon  to  be  cured,  should,  by  re- 
maining any  length  of  time,  acquire  a settlement  in  consequence 
thereof. 

The  fifth  period,  from  1794  to  1822, 4 was  regulated  by 
the  act  of  February  11,  1794, 5 “ascertaining  what  shall  con- 
stitute a legal  settlement  of  any  person,”  which  provided  eleven 
ways  in  which  a settlement  might  be  gained. 

(1)  Marriage. 

(2)  Parentage.  Legitimate  children  followed  and  had  the 
settlement  of  their  father,  if  he  had  any  within  the  Common- 
wealth, until  they  gained  one  of  their  own  ; but,  if  he  had  none, 
they  followed  and  had  the  settlement  of  their  mother,  if  she  had 
any.  Illegitimate  children  followed  and  had  the  settlement  of 

1 St.  1793,  c.  34. 

2 Anc.  Chart.  663. 

3 12  Mass.  429  ; 14  Mass.  382 ; 13  Pick.  303 ; 8 Cush.  75. 

4 As  there  was  no  change  in  the  law  until  the  act  of  February  21,  1822, 
this  date  is  substituted  for  1810,  when  Mr.  Leavitt’s  work  was  published. 
And  the  decisions  of  the  court  in  regard  to  those  portions  which  remain  un- 
changed are  not  noted  here,  but  will  be  found  in  the  margin  of  the  digest  of 
the  present  laws. 

5 St.  1793,  c.  34. 


LAW  OF  SETTLEMENT. 


9 


their  mother  at  the  time  of  their  birth,  if  she  then  had  any  in 
the  Commonwealth. 

(3)  Any  person^  twenty-one  years  of  age,  a citizen  of  this 
or  any  of  the  United  States,  having  an  estate  of  inheritance  or 
freehold  in  the  town  or  district  where  he  dwelt  and  had  his 
home,  of  the  clear  yearly  income  of  three  pounds  (ten  dollars),1 
and,  taking  the  profits  thereof  three  years  successively,  whether 
he  lived  thereon  or  not,  thus  acquired  a settlement  in  such 
town  or  district. 

Leasing  an  estate  for  one  of  the  three  years,  in  satisfaction  of 
an  execution,  is  taking  the  rents  and  profits  within  this  act. 
And,  if  the  estate  be  a dower  estate,  and  the  rents  and  profits 
are  taken  between  the  assignment  of  the  dower  by  the  Commis- 
sioners and  the  ratification  by  the  Judge  of  Probate,  this  may 
be  reckoned  as  part  of  the  three  years.2 

(4)  Any  person,  twenty-one  years  of  age,  being  a citizen  of 
this  or  any  of  the  United  States,  having  an  estate,  the  principal 
of  which  was  set  at  sixty  pounds  (two  hundred  dollars) , or  the 
income  at  three  pounds  twelve  shillings  (twelve  dollars) , in  the 
valuation  of  estates  made  by  the  assessors,  and,  being  assessed 
for  the  same  to  State,  county,  town,  or  district  taxes,  for  five 
years  successively,  in  the  town  or  district  where  he  dwelt  and 
had  his  home,  thereby  gained  a settlement  therein. 

(5)  Any  person  being  chosen,  and  actually  serving  one 
whole  year,  as  Clerk,  Treasurer,  Selectman,  Overseer  of  the 
Poor,  Assessor,  Constable,  or  Collector  of  Taxes,  in  any  town 
or  district,  thereby  gained  a settlement  therein.  The  phrase, 
“ one  whole  year,”  has  been  held  to  mean  the  period  from  the 
time  the  officer  is  chosen  until  a new  choice  takes  place,  at  the 
next  annual  meeting  for  the  choice  of  town  officers.3 

(6)  All  settled,  ordained  ministers  of  the  gospel  were  to  be 
deemed  as  legally  settled  in  the  towns  or  districts  wherein  they 
were,  or  might  be,  settled  and  ordained. 

(7)  Any  person  admitted  an  inhabitant  by  any  town  or  dis- 
trict, at  any  legal  meeting,  in  the  warrant  for  which  an  article 


1 See  cases  before  cited,  p.  7.  2 5 Pick.  449.  3 12  Mass.  2G2. 

2 


10 


LAW  OF  SETTLEMENT. 


should  be  inserted  for  that  purpose,  thereby  gained  a settlement 
therein. 

(8)  All  persons,  citizens  as  aforesaid,  dwelling  and  having 
their  homes  in  any  unincorporated  place  at  the  time  when  it  was 
incorporated  into  a town  or  district,  thereby  gained  a settlement 
therein. 

(9)  Upon  division  of  towns  or  districts,  every  person  having 
a legal  settlement  therein,  but,  being  removed  therefrom  at  the 
time  of  such  division,  and  not  having  gained  a legal  settlement 
elsewhere,  had  his  legal  settlement  in  that  town  or  district 
wherein  his  former  dwelling-place  or  home  happened  to  fall 
upon  such  division.1  And,  when  any  new  town  or  district  was 
incorporated,  composed  of  a part  of  one  or  more  old  incorpo- 
rated towns  or  districts,  all  persons  legally  settled  in  the  town 
or  towns,  district  or  districts,  of  which  such  new  town  or  dis- 
trict was  so  composed,  and  who  dwelt  and  had  their  homes 
within  the  bounds  of  such  new  town  or  district  at  the  time  of  its 
incorporation,  gained  legal  settlements  in  such  new  town  or  dis- 
trict.2 But  no  person  residing  in  that  part  of  any  town  or  dis- 
trict which,  upon  such  division,  was  incorporated  into  a new 
town  or  district,  having  then  no  legal  settlement  therein,  gained 
any  by  force  of  such  incorporation  only,3  nor  did  such  incor- 
poration prevent  his  gaining  a settlement  therein  within  the 
time  and  by  the  means  by  which  he  would  have  gained  it  there 
if  no  such  division  had  been  made.  Persons  then  dwelling  in 
the  old  town,  and  having  a legal  settlement  there,  retained  their 
settlement  in  that  town. 

(10)  Any  minor  serving  an  apprenticeship  to  any  lawful 
trade,  for  the  space  of  four  years,  in  any  town  or  district,  and 
actually  setting  up  the  same  therein  within  one  year  after  the 
expiration  of  said  term,  being  then  twenty-one  years  old,  and 
continuing  to  carry  on  the  same  for  the  space  of  five  years 
therein,  thereby  gained  a settlement  in  such  town  or  district ; 
but  such  person  being  hired  as  a journeyman  was  not  to  be  con- 
sidered as  setting  up  a trade. 

1 Previously,  such  absent  persons  retained  their  settlements  in  the  old  town. 
4 Mass.  278,  384,  676.  2 4 Mass.  676.  3 4 Mass.  452.  486. 


LAW  OF  SETTLEMENT. 


11 


(11)  Any  person,  being  a citizen,  as  aforesaid,  and  of  the  age 
of  twenty-one  years,  who  resided  after  the  act  took  effect  in  any 
town  or  district  within  the  Commonwealth  for  the  space  of  ten 
years  together,  and  paid  all  State,  county,  town,  or  district  taxes, 
duly  assessed  on  such  person’s  poll  or  estate,  for  any  five  years 
within  said  time,  thereby  gained  a settlement  in  such  town  or 
district. 

The  act  also  provided  that  every  legal  settlement,  when 
gained,  should  continue  till  lost  or  defeated  by  gaining  a new 
one  ;l  and,  upon  gaining  such  new  settlement,  all  former  set- 
tlements should  be  defeated  and  lost. 

In  the  year  1822, 2 the  fourth  paragraph  of  the  second  section 
of  the  act  of  1793,  last  mentioned,  was  repealed,  and  it  was 
enacted  “ that  any  person,  of  twenty-one  years  of  age,  being  a 
citizen  of  this  or  any  of  the  United  States,  having  an  estate  of 
inheritance  or  freehold  in  any  town,  district,  or  city,  within  this 
Commonwealth,  and  living  on  the  same  three  years  succes- 
sively, shall  thereby  gain  a settlement  in  the  same,  so  as  to 
entitle  him  or  her  to  support  therein,  in  case  he  or  she  becomes 
poor,  and  stands  in  need  of  relief.” 

The  Statute  of  1845,  c.  222  (Gen.  Sts.  c.  107,  § 2),  pro- 
viding that  the  validity  of  a marriage  shall  not  be  questioned 
for  idiocy  or  insanity,  in  the  trial  of  a collateral  issue,  has 
been  held  to  exclude  evidence  which  would  have  been  for- 
merly admissible  to  invalidate,  for  these  causes,  a previous 
marriage,  by  which  it  was  sought  to  establish  a pauper’s  set- 
tlement, in  a suit  for  expenses  incurred  after  its  passage,  for 
his  support.3 

And,  under  the  Statute  of  1853,  c.  253  (Gen.  Sts.  c.  91, 
§ 4),  “when,  after  the  birth  of  an  illegitimate  child,  his 
parents  have  intermarried  or  shall  intermarry,  and  his  father 
has  acknowledged,  or  shall  after  the  marriage,  acknowledge  him 
as  his  child,  such  child  shall  be  considered  legitimate  to  all  in- 
tents and  purposes,”  and  the  child  takes  the  father’s  settle- 


1 4 Mass.  133. 


St.  1821,  c.  94. 


3 4 Allen,  458. 


12 


LAW  OF  SETTLEMENT. 


raent,  although  this  may  change  that  which  he  has  already 
acquired  from  his  mother  at  his  birth.1 

In  the  year  1865  was  passed  the  act  relative  to  military  set- 
tlements,2 as  they  may  be  called.  With  these  exceptions,  the 
rules  governing  the  fifth  period  have  remained  unchanged  to 
the  present  day,  and  are  now  embodied  in  the  General  Statutes 
of  the  Commonwealth.3  But  they  have  only  determined  where 
the  burden  of  the  support  of  settled  paupers  should  fall,  others 
being  supported  by  the  State.  And  various  other  provisions 
have  been  made  in  regard  to  the  administration  of  this  relief,  or 
the  protection  of  the  community  from  its  necessity. 

1 8 Allen,  551.  2 St.  1865,  c.  230. 

3 The  laws  now  in  force  will  be  found  in  a subsequent  portion  of  this  volume. 


OVERSEERS  OF  THE  POOR. 


“ The  care  of  the  poor,  and  the  relief  of  their  necessities, 
were  committed,  at  a very  early  period  (Stat.  4 W.  & M.), 
in  this  Commonwealth,  to  certain  officers  annually  elected  in 
each  town,  and  called  Overseers  of  the  Poor  ;2  and,  in  case  any 

<[*  Anc.  Chart.  247.J 

2 Overseers  of  the  Poor  were  created  in  England,  in  1601,  by  Stat.  43  Eliz. 
c.  2.*  They  were  the  churchwardens,  ex  officio , and  two,  three,  or  four  sub- 

[*“And,  therefore,”  says  Blacks  tone  (1  Comm.  360),  “ after  many  other 
fruitless  experiments,  by  Stat.  43  Eliz.  c.  2,  Overseers  of  the  Poor  were  ap- 
pointed in  every  parish.”  But  see  the  “ History  of  the  English  Poor  Law,”  by 
Sir  George  Nicholls,  Yol.  I.  pp.  164,  183,  217.  “ A good  deal,”  he  says,  p. 

217,  “ seems  to  have  been  expected  from  the  newly-created  office  of  ‘ Overseer 
of  the  Poor.’  The  appointment  of  Overseers  is  first  directed  by  the  14th 
Elizabeth,  cap.  5,  but  without  any  duties  being  specifically  assigned  to  them.  In 
the  18th  Elizabeth,  cap.  3,  the  designation  is  changed  to  that  of  ‘ Collectors 
and  Governors  of  the  Poor,’  whose  duties  are  to  collect  contributions,  provide 
materials,  and  direct  and  superintend  the  employment  of  the  poor  in  cities  and 
towns.  By  the  39th  Elizabeth,  cap.  3,  it  is  directed  that  the  churchwarden  in 
every  parish,  and  four  substantial  householders,  appointed  annually  at  Easter, 
are  to  be  the  ‘ Overseers  of  the  Poor,’  and  are  to  levy  the  contributions  ordered 
by  the  justices,  and  relieve  the  impotent  poor,  and  raise  stocks  of  materials 
for  setting  the  able-bodied  poor  to  work,  and  also  to  apprentice  poor  children. 
The  43d  Elizabeth  prescribes  similar  duties,  with  the  important  addition  that 
the  Overseers  are  to  make  and  collect  the  requisite  rates  for  these  purposes ; 
but,  instead  of  four  substantial  householders,  it  requires  ‘ four,  three,  or  two,’ 
to  act  with  the  churchwardens  as  ‘ Overseers  of  the  Poor  in  every  parish,’  and 
such  is  the  law  at  present.  We  thus  see  that  it  took  nine-and-twenty  years, 
and  successive  legislation  from  the  14th  to  the  43d  of  Elizabeth,  fully  to 
organize  the  office,  and  settle  the  duties  of  Overseers  of  the  Poor. 

There  can  be  no  doubt  that  the  institution  of  these  functionaries  has,  in  va- 
rious ways,  been  productive  of  important  results,  but,  apparently,  not  greater 
than  was  expected  from  them  at  the  time.  I have  met  with  a small  book,  enti- 
tled ‘ An  Ease  for  Overseers  of  the  Poor,’  printed  in  Cambridge,  in  1601,  and 
therefore,  most  likely  written  before  the  passing  of  the  43d  of  Elizabeth,  in  the 
same  year.  The  subjectis  most  elaborately  treated  in  this  work, under  twenty-one 


u 


OVERSEERS  OF  THE  POOR. 


town  failed  to  elect  such  officers,  their  duties  were  discharged 
by  the  Selectmen.  For  a small  and  thinly-settled  community, 
this  plan  was  simple  and  adequate.  The  powers  which  it  con- 
ferred were  very  large ; and  it  was  intended  that  they  should 
be  parentally  exercised.  The  Overseers,  subject  to  the  direc- 
tion of  the  town,  made  such  provision  for  the  poor  as  they 
deemed  best ; and  in  the  small  towns  the  poor  were  not  in- 
frequently maintained  at  private  houses,  by  persons  who  made 


stantial  householders,  appointed  by  two  Justices  of  the  County,  in  each  parish. 
Their  duty  was  to  assess  and  collect  the  poor-rate,  and  find  relief  or  employ- 
ment (generally  at  the  houses)  for  the  parish  poor.  Until  the  reign  of  Henry 
YIII.  the  poor  depended  solely  on  voluntary  charity  (as  they  did  in  Ireland 
till  the  year  1838),  and,  at  the  dissolution  of  the  monasteries,  something  was  to 
be  done  with  the  multitude  of  beggars,  who  had  received  alms  of  them.  This 
was  the  occasion  of  the  first  compulsory  poor-law,  Stat.  27  Henry  VIII.  c.  25 
(a.  d.  1535),  which  made  the  helpless  poor  a charge  on  the  parishes  and  mu- 
nicipalities,— “so  that  none  go  openly  begging,”  — and  provided  also  that 
every  “ sturdy  vagabond  be  kept  in  continual  labor,”  and  all  poor  children  be 
put  to  service.  “A  valiant  beggar,”  the  statute  continues,  “ or  sturdy  vaga- 
bond, shall  at  the  first  time  be  whipped,  and  sent  to  the  place  where  he  was 
born,  or  last  dwelt,  for  the  space  of  three  years,  there  to  get  his  living ; and,  if 
he  continue  his  roguish  life,  he  shall  have  the  upper  part  of  the  gristle  of  his 
right  ear  cut  off;  and  if,  after  that,  he  be  taken  wandering  in  idleness,  or  does 
not  apply  to  his  labor,  or  is  not  in  service  with  any  master,  he  shall  be  ad- 
judged and  executed  as  a felon.”  The  statute  prohibits  “ any  open  or  com- 
mon dole,”  and  giving  money  in  alms,  “ except  to  the  common  boxes,  and  com- 
mon gatherings  in  every  parish.”  The  statute  of  Elizabeth,  however,  is  the 
foundation  of  the  poor-laws ; it  is  humane  and  salutary ; and  we  borrowed 
from  it,  beside  the  name  of  Overseers  of  the  Poor,  several  useful  provisions. 
One  function  of  the  Overseers,  under  that  statute,  was  to  find  employment  for 
the  poor,  a part  of  their  duty  which,  Blackstone  says,  should  go  hand  in  hand 
with  the  other,  and  “is  now  most  shamefully  neglected.”  It  is  proposed  by 
this  Report,  in  some  measure,  to  restore  it,  and  to  bring  those  who  are  dis- 
posed to  give  employment  to  the  poor  in  connection  with  the  Overseers. 

distinct  heads.  . . . My  chief  reason  for  noticing  the  work,  however,  is  to 

show  that,  so  early  as  1601,  the  office  of  Overseer  was  considered  of  sufficient 
importance  to  warrant  the  issue  of  a publication  from  the  University  Press  of 
Cambridge,  explanatory  of  the  objects  and  duties  of  the  office,  describing  the 
persons  most  fitting  to  be  appointed,  and  earnestly  urging  those  who  undertook 
it  to  labor  diligently  and  conscientiously  in  fulfilment  of  what  is  required  from 
them.”] 


OVERSEERS  OF  THE  POOR. 


15 


contracts  for  this  purpose  with  the  towns ; and  these  contracts 
were  sometimes  let  to  the  lowest  bidder  at  public  auction.”  1 * 
“ The  ordinary  functions  of  Overseers  of  the  Poor  ” were  “ de- 
fined by  the  Statute  of  1793,  c.  59, 1 which  repealed  former 
laws  (saving  three  statutes,  one  of  which,  that  of  January  10, 
1789,  confirmed  Statutes  8 and  9,  George  II.  c.  3,  relating  to  the 
Boston  Almshouse) , and  left  the  general  legislation  on  this  sub- 
ject substantially  as  it  has  since  remained.  This  statute  begins 
with  declaring  that  every  town  and  district  ‘ shall  be  holden  to 
relieve  and  support  all  poor  and  indigent  persons  lawfully 
settled  therein,  whenever  they  shall  stand  in  need  thereof ; ’ and 
to  that  end  authorizes  each  town  or  district  to  vote  and  raise 
moneys  therefor,  and  at  its  annual  meeting  to  choose  not  ex- 
ceeding twelve  suitable  persons  dwelling  therein  to  be  Overseers 
of  the  Poor,  and  when  such  are  not  chosen,  the  Selectmen  shall 
be  Overseers.  The  second  section  further  provides,  4 That  said 
Overseers  shall  have  the  care  and  oversight  of  all  such  poor  and 
indigent  persons  so  settled  in  their  respective  towns  and  dis- 
tricts ; and  shall  see  that  they  are  suitably  relieved,  supported, 
and  employed,  either  in  the  workhouse  or  other  tenements  be- 
longing to  such  towns  or  districts,  or  in  such  other  way  and 
manner  as  they,  at  any  legal  meeting,  shall  direct,  or  other- 
wise, at  the  discretion  of  said  Overseers,  at  the  cost  of  such 
town  or  district.’  The  act  gives  the  Overseers  authority  to 
bind  out  poor  children,  and  also  to  set  to  work,  or  to  bind  out  to 
service,  not  exceeding  one  year  at  a time,  such  persons,  upwards 
of  twenty-one  years  of  age,  residing  and  lawfully  settled  in  the 
town  or  district,  or  who  have  no  settlement  in  the  Common- 
wealth, whether  married  or  unmarried,  6 as  are  able  of  body, 
but  have  no  visible  means  of  support ; who  live  idly,  and  use 
and  exercise  no  ordinary  or  daily  lawful  trade  or  business  to  get 
their  living  by  ; and  also  all  persons  who  are  liable  by  any  law 
to  be  sent  to  the  House  of  Correction.’  They  are  further 
authorized  to  take  proceedings  against  houses  of  ill-fame ; to 

1 Report  of  the  Committee  on  the  Organization  of  the  Board  of  Overseers  of 

the  Poor.  City  Doc.  No.  70,  1864,  p.  2. 


16 


OVERSEERS  OF  THE  POOR. 


provide  for  the  immediate  comfort  and  relief  of  distressed 
strangers,  and,  if  they  die,  for  their  burial ; and  also  for  the 
removal  to  their  legal  settlement  of  persons  likely  to  become 
chargeable  to  the  town. 

In  the  legislation  of  the  seventy  years  since  this  statute  was 
passed,  some  new  powers  have  been  conferred  on  the  Over- 
seers ; but  their  main  duties  and  their  principal  powers  remain 
enacted  in  the  General  Statutes,  c.  70,  in  the  same  words  as  in 
the  Statute  of  1793.  They  still  have  ‘ the  care  and  oversight 
of  all  such  poor  and  indigent  persons  ; 5 and  it  is  still  their  duty 
to  ‘ see  that  they  are  suitably  relieved,  supported,  and  employed, 
either  in  the  workhouse  or  almshouse,  or  in  such  other  man- 
ner as  the  city  or  town  directs,  or  otherwise  at  the  discretion  of 
said  Overseers.’  They  have  still  to  provide  for  the  immediate 
relief  of  strangers,  for  their  removal  to  their  places  of  settle- 
ment, for  their  burial,  if  they  die,  and  for  binding  out  poor 
children.  But  the  power  to  bind  out  idle  adults  has  been  su- 
perseded by  provisions  more  suitable  to  a populous  country. 
It  deserves  notice  that,  while  some  points  in  the  construction  of 
this  statute  have  been  fruitful  of  litigation,  the  extent  of  the 
powers  of  the  Overseers  to  relieve  the  poor  does  not  seem  to 
have  been  questioned.”1 


Report  on  Organization,  &c.  p.  5. 


OVERSEERS  OF  THE  POOR  IN  BOSTON. 


In  the  town  of  Boston,  the  office  of  an  overseer  seems  to  have 
been  one  of  dignity  and  importance.  The  Hon.  Josiah  Quincy, 
in  his  Municipal  History  of  Boston,  remarks  : “ Under  the  town 
government  the  members  of  the  Board  of  Overseers  of  the  Poor 
were  elected  by  the  votes  of  the  whole  body  of  the  inhabitants. 
They  were,  consequently,  always  men  of  a high  general  character, 
known  to  a majority  of  the  inhabitants,  and  chosen  by  them  for 
their  integrity,  capacity,  and  adaptation  to  the  service.  Among 
them  were  always  men  distinguished  for  their  wealth,  their 
business  talents,  and  charities.  The  uniformity  of  this  result 
for  many  years  created  that  general  confidence,  which  caused 
them  to  be  chosen  as  trustees  of  these  eleemosynary  funds. 

There  was  another  element  of  confidence  in  the  Board  of  Over- 
seers, under  the  town,  . . . every  vacancy  in  the  hoard  was 

always , in  fact,  filled  by  the  nomination  of  the  members  of  the  board 
themselves.  Hence,  the  new  members  w^ere  always  well  qualified 
for  the  office  and  acceptable  to  the  old  members  remaining  as 
associates.  When  a vacancy  was  about  to  occur,  it  was  the 
practice  of  the  board  to  consult  together,  and  to  select  the 
individual,  whose  name  was  to  be  inserted  in  the  general  ticket 
with  those  of  the  members  of  the  board  about  to  remain.  This 
course  was  known  and  acceptable  to  the  inhabitants.  The  indi- 
vidual thus  selected,  being  always  one  whose  qualities  and 
adaptation  were  by  them  well  known  and  approved,  he  was  ac- 
cordingly uniformly  chosen,  it  is  believed,  without  objection  or 
opposition,  during  the  whole  period  of  the  town  government. 

“ This  course  of  proceeding  gave  that  board,  under  the  town, 
3 


18 


OVERSEERS  OF  POOR  IN  BOSTON. 


a fixed  and  staid  character,  inviting  confidence  and  sustaining 

' o O 

it.”1 

The  earliest  reference  to  these  officers  by  name  on  the  records 
of  the  town  of  Boston,  occurs  on  the  9th  of  March,  1690-91, 
when  the  townsmen  voted  “ that  Mr.  Nathaniell  Williams,  Mr. 
Benjamine  Walker,  Mr.  William  Coleman,  and  Mr.  Symeon 
Stoddard  be  Overseers  of  the  Poore  of  this  Towne,  for  the  yeare 
ensueing  ; ” and  on  the  day  of  their  election  “ the  foure  over- 
seers, together  with  the  Towne  Treasurr  are  desired  and  apoynt- 
ed  a comittee  to  drawe  vp  and  present  vnto  the  Generali  Court 
such  proposalls  as  they  shall  aprehend  needfull  for  the  orderinge 
and  improveinge  of  them  to  imploy  and  set  the  poore  aworke.” 

The  act  already  mentioned  (St.  4 W.  and  M.)  was  passed  by 
the  General  Court,  on  the  sixteenth  of  November,  1692 2 (O.  S.) . 
It  is  entitled  “ an  act  for  regulating  of  townships  and  choice  of 
town  officers,  and  setting  forth  their  power,”  and  provides, 
among  other  things,  that  “ the  freeholders  and  other  inhabitants 
of  each  town,  rateable  at  twenty  pounds  estate,  to  one  single  rate 
besides  the  poll,  shall  sometime  in  the  month  of  March  an- 
nually meet  and  convene  together,  . . . and  by  the  major 

vote  of  such  assembly,  then  and  there  shall  choose  three,  five, 
seven,  or  nine  persons,  able  and  discreet,  of  good  conversation, 
inhabiting  within  such  town,  to  be  Selectmen  or  Townsmen  and 
Overseers  of  the  Poor,  where  other  persons  shall  not  be  particu- 
larly chosen  to  that  office  (which  any  town  may  do  as  they 
shall  find  it  necessary  and  convenient).” 

The  Selectmen  in  each  town,  or  Overseers,  where  such  were 
chosen  and  specially  appointed  for  that  service,  were  “ em- 
powered and  ordered  to  take  effectual  care  that  all  children, 
youth,  and  other  persons  of  able  body  living  within  the  same 
town,  or  precincts  thereof,  not  having  estates  otherwise  to 
ftiaintain  themselves,  do  not  live  idly,  or  mispend  their  time  in 
loitering,  but  that  they  be  brought  up  or  employed  in  some 
honest  calling,  which  may  be  profitable  to  themselves  and  the 
publick.” 


1 Quincy’s  Municipal  History  of  Boston,  Appendix,  419  and  420. 

2Anc.  Chart.  247. 


OVERSEERS  OF  POOR  IN  BOSTON. 


19 


The  act  provides  for  binding  out  poor  children  as  ap- 
prentices, “ a man  child  until  he  shall  come  to  the  age  of 
twenty-one  years,  and  a woman  child  to  the  age  of  eighteen 
years,  or  time  of  marriage.,, 

In  the  year  1720,  an  explanatory  act  was  passed,  requiring 
that  the  males  should  be  taught  to  read  and  write,  and  the 
females  to  read,  “ as  they  respectively  may  be  capable,”  and 
the  Selectmen  or  Overseers  were  required  also  to  inquire  into  the 
usage  of  the  children  bound  out,  and  endeavor  to  defend  them 
from  any  wrongs  or  injuries.1 

After  the  passage  of  the  act  of  1692,  the  number  of  Over- 
seers in  Boston  varied  for  some  years.  In  March,  1706 
(O.  S.),  however,  and  until  1733,  seven  were  chosen,  and  in 
the  latter  year  nine. 

In  May,  1735,  an  act  was  passed,  entitled  “ An  Act  for 
employing  and  providing  for  the  poor  of  the  Town  of  Boston/ 
(St.  8 & 9,  Geo.  II.  c.  3,  Mass.  Perpetual  Laws,  277), 
which  will  be  found  at  length  on  a subsequent  page.  This 
act,  among  other  things,  provided  for  the  choice  of  twelve 
Overseers,  “ for  twelve  several  wards  respectively,  into  which  the 
said  town  is,  or  shall  be,  divided,”  authorized  the  town  to  erect 
a workhouse,  to  be  “ under  the  regulation  of  the  Overseers,” 
and  empowered  the  Overseers  to  send  idle  and  indigent  persons 
to  said  house,  to  bind  out  children,  and  warn  out  intruders. 
And  at  a town  meeting,  held  in  the  morning  of  the  8th  of 
March,  1735-6,  it  was  4 4 Voted  that  the  Overseers  of  the  Poor 
be  desired  to  attend  this  meeting  in  the  afternoon  to  give  their 
opinion  with  respect  to  dividing  the  town  into  twelve  wards.” 

They  attended  accordingly,  and  “ Jacob  Wendell,  Esqr->  in  the 
name  of  the  Overseers  of  the  Poor,  reported  to  the  Town,  that 
’twas  their  opinion,  it  would  be  much  for  the  service  of  the  said 
Town,  that  it  be  divided  into  twelve  wards,  and  proposed  the 
military  division  of  the  Town  to  their  consideration ; ” where- 
upon it  was  “ Voted,  that  the  gentlemen  the  Overseers  of  the 
Poor  be  a Committee  to  project  a division  of  the  Town  into 
twelve  wards,  and  to  make  their  Report  thereof  to-morrow,  in 


1 Anc.  Chart.  429. 


20 


OVERSEERS  OF  POOR  IN  BOSTON. 


order  to  the  Town’s  proceeding  thereon.”  On  the  next  day 
Mr.  Wendell  submitted  the  following  Report : — 

“Pursuant  to  a vote  of  the  Town,  of  the  8th  instant,  desir- 
ing the  Overseers  of  the  Poor  to  divide  the  Town  into  twelve 
wards,  they  have  accordingly  attended  that  service,  and  are  of 
opinion  that  the  following  division  will  best  serve  the  same.” 
After  stating  the  proposed  division  of  the  wards,  the  report 
is  signed  by 

“JACOB  WENDELL, 

WILLIAM  TYLER, 

JEFFERY  BEDGOOD, 

JOHN  HILL, 

THOMAS  HUBBARD.1 
“ Boston,  9th  March,  1735.” 

Whereupon  it  was  — “Voted,  that  the  Report  of  the  said 
Committee  be  accepted  — And  that  the  Town  of  Boston  be,  and 
hereby  is,  divided  into  twelve  Wards  or  Districts  according  to 
the  said  Report.  And  that  it  so  remain  and  continue  until 
the  Town  shall  see  cause  to  alter  the  same.” 

“ In  the  year  1772,  a Statute  was  passed  by  the  General 
Court  (12  Geo.  III.  c.  3),  which,  — after  reciting  that  many 
charitably  disposed  persons  have  given  and  bequeathed  con- 
siderable sums  of  money  and  other  estate  to  the  poor  of  the 
town  of  Boston,  and  their  use,  and  that  many  other  persons 
were  well  inclined  to  make  charitable  donations  to  the  same  good 
purpose ; but  the  Overseers  of  the  Poor  of  the  same  town,  not 
being  incorporated,  the  good  intentions  of  those  who  had  made, 
and  those  who  were  inclined  to  make  such  charitable  donations, 
had  been  either  wholly  frustrated  or  not  carried  into  full  effect, 
— created  the  Overseers  (for  the  time  being)  of  the  town  of 
Boston  a body  corporate,  and  vested  in  the  new  Corporation  all 
real  and  personal  property  at  any  time  theretofore  given,  or  at 
any  time  thereafter  to  be  given  to  the  poor  of  the  town,  and  for 
their  use ; such  personal  estate  not  to  exceed  sixty  thousand 
pounds,  lawful  money,  and  such  real  estate  not  to  exceed,  by 
the  year,  five  hundred  pounds. 


1 There  were  then  nine  Overseers. 


OVERSEERS  OF  POOR  IN  BOSTON. 


21 


The  purpose  and  effect  of  this  Act  (and  of  the  Act  of  Feb- 
ruary 3,  1803,)  were  not  to  limit  the  parental  authority  of  the 
Board  annually  elected,  but  to  make  it,  as  a corporate  body, 
the  sole  depositary  and  almoner  of  the  funds  given  by  private 
persons  for  town  charities.  Thus,  the  property  devised  and 
bequeathed  to  the  poor  of  Boston,  or  for  their  use,  passed,  not 
into  the  Treasury  of  the  Town,  but  to  another  Corporation, 
whose  members  were,  indeed,  chosen  by  its  citizens,  but  whose 
powers,  so  far  as  these  donations  were  concerned,  were  confer- 
red by  the  State ; and  it  was  doubted  whether  the  new  Corpo- 
ration was  subject  to  the  authority  of  the  town  in  supervising 
its  action,  or  examining  its  accounts,  as  to  these  private  chari- 
ties.1 . . . In  the  year  1712  complaints  were  made  of  the 

Almshouse.  Subscriptions  were  occasionally  raised  to  relieve 
its  inmates ; and  in  1782,  the  Overseers  reported  them  to  be  in 
want  of  the  necessaries  of  life  ; and  the  keeper  of  the  Almshouse 
to  be  greatly  in  debt  from  his  efforts  to  assist  them.  In  the 
year  1821,  it  contained  in  one  building,  persons  of  all  ages  and 
colors,  with  various  vices,  misfortunes,  and  diseases,  subjects  of 
an  almshouse,  a hospital,  a lunatic  asylum,  and  a prison.  At 
a town  meeting  held  on  the  7th  day  of  May  in  that  year,  a com- 
mittee appointed  at  a previous  meeting,  reported  by  its  chair- 
man, the  Hon.  Josiah  Q,uincy,  ‘ that  the  accommodations  pro- 
vided for  the  poor  at  the  Almshouse  in  Boston  are  not  such  as 
comport  with  the  honor  and  interest  of  the  town.’  They  re- 
commended the  establishment  of  anew  almshouse,  and,  to  make 
the  change  complete,  to  call  it  by  a new  name  : the  ‘ House  of 
Industry/  The  town  adopted  their  recommendation,  instructed 
the  Committee  to  purchase  land  and  erect  buildings ; and  fur- 
ther, ‘ particularly  to  inquire  into  the  general  state  of  the  poor 
within  the  town,  and  concerning  the  operations,  effects,  modes, 
and  principles  of  extending  relief  to  the  poor,  adopted  by  the 
various  charitable  institutions  existing  in  it,  and  from  time  to 
time  to  report  such  measures  in  relation  to  the  whole,  or  any  of 
the  subjects  aforesaid,  as  they  may  deem  it  expedient  for  the 
town  to  adopt.’  On  the  third  of  May,  1822,  the  Committee 


Report  on  Organization,  p.  4, 


22 


OVERSEERS  OF  POOR  IN  BOSTON 


reported  4 that  they  apprehend  that  the  power  of  devising  rules 
for  the  management  and  discipline  of  the  Institution  (the  House 
of  Industry)  is  vested  in  the  Board  of  Overseers  of  the  Poor, 
under  the  Act  of  8 and  9,  George  II.  (a.  d.  1735.”)  After 
a reference  to  the  Board  of  Overseers,  and  the  Committee 
jointly,  this  joint  Committee  recommended  an  application  to  the 
legislature  for  an  Act  authorizing  the  establishing  of  a Board  of 
Directors  of  the  House  of  Industry,  which  Act  was  approved 
February  3,  1823,  and  gave  the  Directors  like  authority  and 
power  in  using,  regulating,  and  governing  said  House  of  Indus- 
try as  are  had  and  exercised  by  Overseers  of  the  Poor  within 
this  Commonwealth ; and  they  may  send  such  persons  to  said 
house,  and  for  such  purposes,  as  Overseers  of  the  Poor  are  by 
law  authorized  to  do;  and  by  statute  1826,  ch.  Ill,  it  was 
provided  that  the  Directors  should  ‘ have  and  exercise  all  the 
powers  and  perform  all  the  duties  relative  to  paupers,  and  the 
binding  out  of  children  and  other  persons  committed  to  said 
House  of  Industry  for  support,  as  the  Overseers  of  the  Poor  of 
the  several  towns  in  this  Commonwealth  now  have  and  exercise 
in  relation  to  paupers  and  the  binding  out  of  children  and  other 
persons.’  A controversy  soon  arose  between  the  Directors  of 
the  House  of  Industry  and  the  Overseers  of  the  Poor,  as  to 
their  respective  authority,  and  in  the  year  1825  resolutions  were 
passed  by  the  City  Council  authorizing  the  Overseers  of  the 
Poor  to  grant  permits  for  admission  to  the  House  of  Industry 
concurrently  with  its  Directors ; to  visit  the  House  of  Industry, 
inquire  into  the  condition,  treatment,  and  employment  of  its 
inmates,  and  to  make  representations  and  suggestions,  from 
time  to  time,  to  the  City  Council  touching  the  same;  and  plac- 
ing under  the  joint  control  of  the  Directors  and  Overseers  the 
vehicle  employed  to  transport  the  poor.  The  Hon.  William 
Prescott,  Charles  Jackson,  and  Daniel  Webster,  were  subse- 
quently consulted  by  the  City  Council ; and  in  conformity  with 
their  written  opinion,  (Quincy’s  Hist,  of  Boston,  p.  172,)  the 
Council  passed  three  additional  resolutions,  defining  what  per- 
sons were  to  be  subjects  of  in-door  relief  in  the  House  of  Indus- 
try, and  what  of  out-of-door  relief  at  their  own  houses,  and  also 


OVERSEERS  OF  POOR  IN  BOSTON. 


23 


defining  the  jurisdiction  of  the  rival  boards.  They  were  in  sub- 
stance, — 1.  That  the  Overseers  of  the  Poor  cause  all  persons 
who  cannot  be  removed  without  danger  to  life,  by  reason  of  ac- 
cident or  illness,  to  be  relieved  or  supported  in  the  place  where 
they  are,  until  capable  of  removal,  and  then  to  be  forthwith  re- 
moved to  the  House  of  Industry.  2.  That  they  may  grant 
partial  relief  and  small  supply  of  necessaries,  at  their  own 
houses,  to  those  who  in  their  opinion  require  it,  and  who  may 
thus  be  rendered  more  comfortable  than  by  being  wholly  sup- 
ported in  a poorhouse.  3.  That  they  see  that  all  poor  and 
indigent  persons  standing  in  need  of  relief,  and  having  their 
settlement  in  Boston,  other  than  those  named  in  the  two  pre- 
ceding classes,  be  suitably  relieved,  supported,  and  employed  in 
the  House  of  Industry,  according  to  the  regulations  and  under 
the  superintendence  of  the  Directors. 

This  was  the  position  of  the  Overseers  prior  to  the  late 
statute.  As  a Corporation,  they  held  the  charitable  donations, 
which  exceed  $ 100, 000, 1 the  city  exercising  no  visitatorial 
power  over  them.  As  officers  of  the  city,  they  exercised  the 
ordinary  functions  of  Overseers,  under  the  statute,  excepting 
that  the  in-door  relief  was  under  the  charge  of  the  Directors  of 
Public  Institutions,  viz  : the  House  of  Industry,  the  House  of 
Correction,  and  the  Lunatic  Asylum,  into  which  the  Almshouse 
had  been  divided : the  Overseers  having  only  the  concurrent 
right  to  admit  persons  to  the  House  of  Industry,  and  the  right 
to  visit  it,  and  make  recommendations  for  its  government  to  the 
City  Council. 

The  Act  of  April  2,  1864,  made  four  changes  only.  It 
changed  the  election  of  the  Board  from  one  by  wards,  for  a 
single  year,  to  one  at  large  by  the  City  Council,  for  three  years, 
four  going  out  of  office  annually ; it  gave  the  City  Council 
power  to  remove  an  Overseer,  for  cause ; it  made  the  Corpora- 
tion directly  accountable  to  the  city  ; and  it  prohibited  the  mem- 
bers of  it,  and  those  in  their  employ,  from  being  interested  in 
any  contract,  unless  the  same  is  authorized  by  a recorded  vote 
of  the  Board.2  ” 

1 Amounting  Jan.  1,  1866,  to  $177,888.81. 

Report  on  Organization,  p.  7. 


GENERAL  LAWS  AND  ORDINANCES. 


The  following  Digest  of  the  General  Laws  and  Ordinances  at 
present  in  force,  is  taken  from  the  last  Revision  of  the  City  Or- 
dinances in  1864,  to  which  the  subsequent  Acts  and  Ordinances, 
including  the  legislation  of  1865,  and  a large  number  of  refer- 
ences  to  recent  and  former  decisions  have  been  added.  The  Spe- 
cial Acts,  and  the  Ordinance  relating  to  the  Overseers  of  the 
Poor  of  the  Town  or  City  of  Boston,  are  then  appended  in 
their  chronological  order. 

PAUPERS.1 


STATUTES. 

Support  of  Paupers  by  Cities  and 
Towns. 

1.  Towns  to  support  poor. 

2.  Powers  and  duties  of  Overseers  of 
the  poor. 

3.  Same  subject. 

4.  Certain  kindred  to  support,  &c. 

5.  Superior  Court  may  assess  such 
kindred  for  past  expenses. 

6.  May  also  assess  for  future  ex- 
penses. 

7.  Costs,  how  taxed. 

8.  Court  may  order  with  whom  pau- 
pers shall  live. 

9.  Proceedings  on  complaints. 

10.  Other  kindred  than  those  named 
may  be  summoned. 

11.  Court  may  make  new  orders. 

12.  Overseers  to  provide  for  imme- 
diate relief  of  strangers,  &c. 

13.  Recovery  to  establish  settlement. 

14.  Liability  when  the  pauper  is  re- 
moved, &c.  , 

15.  Overseers  shall  support,  and  in 
case  of  decease  bury,  indigent 
strangers.  Compensation  there- 
for. 


I 16.  Towns  liable  to  individuals. 

17.  Paupers  may  be  removed,  &c. 

18.  Process  in  case  of  removals ; if  a 
removal  is  not  made  or  objected 
to  by  the  town  notified,  then, 
&c. 

19.  Effect  of  notifications,  &c.,  sent 
by  mail. 

20.  Penalty  for  leaving  paupers  where 
not  settled,  &c. 

21.  Overseers  of  poor  may  sell  estate 
of  deceased  paupers,  and  apply 
proceeds  to  reimburse  expenses. 

22.  Overseers  may  prosecute,  &c. 

RETURNS  TO  BE  MADE  BY  OVERSEERS 
OF  THE  POOR,  ETC. 

23.  Overseers,  &c.,  to  return  to  sec- 
retary of  commonwealth  state- 
ment respecting  paupers. 

24.  Same  subject.  Penalty  for  not 
making  returns. 

25.  Secretary  to  furnish  blanks  an- 
nually. 

26.  Penalty  on  directors,  &c.,  fornot 
making  returns. 

27.  Secretary  to  prepare  abstract  of 
returns  annually. 


[lFor  decisions  upon  the  meaning  of  this  word,  see  11  Pick.  459,  540;  14 
Pick.  341 ; 19  Pick.  473 ; 1 Met.  572.  See  also  § 89,  post.] 


LAWS  AND  ORDINANCES. 


25 


28.  Strangers,  &c.,  where  inquests 
are  held,  burial  of,  by  whom 
paid. 

[1.  Blanks  to  he  prepared  by  Secre- 
tary of  Board  of  State  Charities, 
for  periodical  returns  by  keepers 
of  prisons,  &c. 

2.  Schedule  of  returns  by  sheriffs, 
&c. 

3.  County  Commissioners  to  furnish 
sheriff  with  a return  of  sums 
expended  for  supplies. 

4.  Penalty  for  omitting  to  answer, 
&c. 

5.  District  Attorney  to  be  notified, 
and  to  make  complaint,  &c. 

6.  Semi-annual  returns  as  to  pau- 
pers, &c.  to  be  made  to  Board. 
Porm  of  return. 

7.  Interrogatories  to  be  answered  in 
October,  annually. 

8.  Repeal  of  St.  18G2,  c.  220,  c.  112, 
§§  1,  2,  3,  and  G.  S.  inconsist- 
ent, &c.] 

[state  almshouses.] 

29.  Cities  may  send  State  paupers  to 
State  almshouses. 

30.  May  send  sick  State  paupers  to 
Rainsford  Island. 

31.  Lunatics,  dangerous,  not  to  be 
sent  to  State  almshouses.  Becom- 
ing furious,  to  be  removed  to 
State  lunatic  hospitals. 

32.  Idiots  having  no  known  settle- 
ments may  be  sent  to  State  alms- 
houses. 

33.  When  almshouses  are  full,  cities, 
&c.  to  take  charge  of  State  pau- 
pers at  expense  of  State.  Notice 
thereof. 

34.  Cities,  &c.  liable  for  support  of 
their  paupers  in  State  alms- 
houses. 

35.  Husband  and  wife  to  be  supported 
where  she  has  a settlement. 

36.  Expense  to  be  paid  by  State. 

37.  Discharged  convicts  may  be  re- 
moved from  prison  to  State  alms- 


houses when  no  settlement  is 
known. 

38.  If  settlement  is  ascertained,  to 
be  removed  from  almshouse  to 
place  of  settlement,  which  place 
shall  refund  all  expenses. 

39.  No  allowance  for  State  paupers, 
except,  &c. 

40.  Accounts  of  cities,  &c.  against 
State,  how  audited,  &c. 

41.  Paupers  may  be  sent  out  of  State, 
&c. 

42.  Foreign  paupers  may  be  sent 
where  they  belong  by  order  of 
court. 

43.  State  lunatic  paupers  may  be  sent 
where  they  belong. 

44.  Overseers  to  perform  duties  of 
superintendent  of  alien  passen- 
gers in  certain  cases. 

[1.  Persons  infected  with  smallpox, 
&c.  not  to  be  sent  to  State  alms- 
houses. How  supported.  Notice, 
&c. 

2.  Expenses  to  be  reimbursed,  &c. 

3.  Penalty  on  mayor  or  overseers 
for  violation  of  act.] 

BASTARD  CHILDREN. 

45.  Who  may  complain,  if  the  woman 
refuses  or  neglects. 

46.  Who  may  complain  when  the 
woman  is  in  State  almshouse, 
Rainsford,  or  Deer  Island. 

47.  Complaint  not  to  be  settled  with- 
out consent  of  Overseers  of  the 
poor  or  other  persons. 

48.  Settlement  made  by  mother  and 
father  not  to  relieve  the  father 
from  his  liability  to  city,  &c. 

49.  Party  charged  as  the  father  of 
child  and  committed  to  jail,  may 
take  poor  debtor’s  oath. 

50.  Mother,  city,  &c.  to  have  rem- 
edy against  father  after  taking 
oath. 

51.  Certain  public  officers  may  com- 
promise prosecutions. 

Other  provisions  of  law,  note. 


26 


LAWS  AND  ORDINANCES. 


COMMITMENT,  8DPPORT,  DISCHARGE, 
ETC.  OF  INSANE  IN  LUNATIC  STATE 
HOSPITALS. 

52.  Insane  persons,  how  committed. 
Certificate  and  statement  to  be 
filed,  note. 

53.  Notice  to  be  given  to  mayor. 

54.  Cases  how  and  where  heard  by 
court. 

55.  Fees  of  officers. 

56.  Pauper,  insane,  may  be  sent  to 
hospital  by  Overseers  of  the  poor. 

57.  Expense  of  persons  having  known 
settlements,  by  whom  paid. 

58.  Expense  of  those  having  no 
known  settlements, by  whom  paid. 

[1.  Charge  for  lunatics  in  State  hos- 
pital. 

2.  Takes  effect  on  passage.] 

59.  How  harmless,  incurable  insane 
may  be  discharged. 

60.  After  discharge  and  removal  may 
be  recommitted. 

61.  How  other  insane  or  idiots  may 
be  discharged  or  removed. 

62.  Same  subject,  and  note. 

63.  Expense  of  clothing,  burial,  &c. 
by  whom  paid. 

64.  Remedy  of  towns  for  expense  of 
lunatics  committed  to  hospitals. 

APPRENTICES  AND  SERVANTS. 

65.  Minors  may  be  bound  as  appren- 
tices or  servants. 

66.  How  bound  when  under  fourteen 
years. 

67.  When  above  fourteen. 

68.  Overseers  of  poor  may  bind. 

69.  Until  what  age,  and  upon  what 
terms. 

70.  Indenture  to  be  of  two  parts,  &c. 

71.  One  part  to  be  kept  for  minor. 

72.  Money,  &c.  to  be  for  use  of  ap- 
prentice. 

73.  Parents,  selectmen,  &c.,  to  in- 
quire into  treatment  of  children. 

74.  Complaint  for  misconduct  of 
master  or  servant  may  be  filed  in 
superior  court,  &c. 


75.  Court  may  discharge  apprentice, 
&c. 

76.  May  award  costs. 

77.  Master  liable  to  action  on  inden- 
ture. 

78.  By  whom  action  may  be  brought, 

79.  Proceedings  therein,  when 
brought  by  overseers. 

80.  Limitation  of  action  by  appren- 
tice. 

81.  If  judgment  for  plaintiff,  court 
may  discharge  apprentice. 

82.  Apprentice  absconding  may  be 
arrested,  &c. 

83.  Proceedings  in  such  case. 

84.  Costs  therein,  of  wfTom  recover- 
able. 

85.  Apprenticeship  discharged  by 
death  of  master. 

86.  Mistresses. 

87.  Common  law  right. 

88.  Powers  and  duties,  in  whom  vest- 
ed in  cities. 

[1.  Minors  not  to  be  bound  appren- 
tices, without  bonds  to  and  by 
master.  When  bound  by  State, 
&c.  authorities,  bond  to  master 
may  be  waived. 

2.  Bond  by  master  how  to  be  pre- 
served, &c. 

3.  G.  S.  c.  Ill,  §§  18,  19,  20  re- 
pealed ] 

SETTLEMENT  OF  PAUPERS. 

89.  Settlements,  how  acquired. 

[1.  By  married  women. 

2.  By  legitimate  children. 

3.  By  illegitimate  children. 

4.  By  living  on  freehold  estate,  &c. 

5.  By  being  assessed  five  successive 
years,  &e. 

6.  By  serving  one  year  in  certain 
town  offices. 

7.  By  settled  and  ordained  minis- 
ters. 

8.  By  persons  admitted  inhibitants 
by  vote. 

9.  By  incorporation  of  an  unincor- 
porated place. 


LAWS  AND  ORDINANCES. 


27 


10.  Where  to  be  upon  division  or 
incorporation  of  town. 

11.  Acquired  by  serving  apprentice- 
ship four  years,  &c. 

12.  By  residence  and  paying  taxes.] 

90.  Provision  for  persons  who  have 
begun  to  acquire  settlements. 

91.  Settlements  to  continue  until, 
&c. 

[1.  Settlement  acquired  by  military 
or  naval  service. 

2.  Town  to  relieve  persons  and  their 
families  in  need  who  have  served 
in  military  service,  &c.  as  a part 
of  quota  of  such  town. 

3.  Act  not  to  apply  to  persons  who 
have  received  bounty  from  more 
than  one  town,  or  who  have  de- 
serted.] 

DEAD  BODIES.1 2 

92.  Overseers  of  the  poor,  &c.  to 
permit  physicians  to  take  dead 
bodies  in  certain  cases. 

93.  Physicians,  &c.  to  give  bond  on 
receiving  a dead  body. 

94.  Persons  having  charge  of  poor- 
house,  &c.  to  give  notice  of 
death. 

95.  Dead  bodies  not  to  be  given  to 
physicians  if  claimed  by  friends, 
or  if  deceased  requested  to  be 
buried,  &c. 

96.  Violation  of  sepulture,  penalty 
for. 

97.  Buying  or  having  dead  body  for 
purpose  of  sale,  penalty  for. 

HOUSE  OF  INDUSTRY. 

98.  Directors,  nine  in  number,  of 
house  of  industry  to  be  chosen ; 
vacancies  to  be  filled.  Super- 
intendent and  other  officers. 
Powers  and  duties. 


99.  Directors  may  bind  out  children, 
and  have  all  the  powers  of  Over- 
seers of  the  poor  relating  to  pau- 
pers. 

100.  Police  Court  authorized  to  sen- 
tence to  House  of  Industry 
rogues,  vagabonds,  &c. 

101.  Same. 

102.  Directors  to  make  reports  to 
City  Council ; and  rules  and 
regulations  to  be  approved  by 
City  Council. 

103.  Directors  increased  to  twelve  ; 
vacancies ; powers  and  duties  as 
provided  in  former  acts. 

104.  Expenses  of  support  of  paupers 
in  House  of  Industry,  how  re- 
covered. 

105.  Powers,  duties,  rights,  &c.  o 
directors  transferred  to  Board 
of  Directors  for  Public  Institu- 
tions. 

FINES.3 

106.  One  half  of  the  fines  for  violat- 
ing provisions  as  to  livery  sta- 
bles, gunpowder,  acting  as  porter 
without  license,  &c.  and  obstruct- 
ing streets,  &c.  to  go  to  the  use 
of  the  poor. 

SALES  OF  REAL  ESTATE  BY  GUARDIANS. 

107.  No  license  to  be  granted  to  guar- 
dians, except  of  minors,  without 
approbation  of  Overseers  of  the 
poor. 

BOARD  OF  STATE  CHARITIES. 

[1.  Board  of  State  charities  constitu- 
ted, appointments,  &c. 

2.  General  agent,  duties,  &c. 

3.  Secretary,  duties,  and  compen- 
sation. 

4.  To  have  rooms  at  State  house, 
hold  meetings,  make  rules,  inves- 
tigate and  supervise  system  of 


1 Laws  and  Ordinances,  1863,  p.  286. 

2 Ibid.  p.  372. 

3 Ibid.  pp.  89,  236,  472,  702. 


28 


LAWS  AND  ORDINANCES. 


Town  to  sup- 
port poor. 

G.  S.  70,  § 1. 

9 Met.  495. 


Powers  and  du- 
ties of  Over- 
seers of  the 
Poor. 


public  charitable  institutions, 
transfer  paupers,  &c.  To  have 
no  compensation  except  for  ex- 
penses. 

5.  To  prepare  and  print  full  report 
annually. 

6.  Office  of  commissioners  and  su- 
perintendent of  alien  passengers 
abolished,  and  duties  to  be  per- 
formed by  secretary  and  agent, 
&c.  Compensation. 


7.  Compensation  of  general  agent. 
Assistants  of  secretary  and  agent 
may  be  employed,  &c. 

8.  Secretary  and  agent  to  give 
bonds,  &c. 

9.  Expense  of  support  of  State  luna- 
tic paupers,  how  paid,  and  at 
what  rates. 

10.  Repeal,  &c. 

11.  When  act  takes  effect.] 


STATUTES. 


5 Gray,  28. 

6 Gray,  416,  420. 
3 Allen,  515. 

5 Allen,  576. 

7 Allen,  284. 


1.  Every  city  and  town  shall  relieve  and  sup- 
port all  poor  and  indigent  persons  lawfully  settled 
therein,  whenever  they  stand  in  need  thereof.1 


2.  The  Overseers  of  the  Poor  shall  have  the  care  and  over- 


sight of  all  such  poor  and  indigent  persons  so  long  as  they 
remain  in  charge  of  their  respective  cities  or  towns,2  and  shall 


1 City  Solicitor's  Office , Boston,  April  14,  1863. 

Dear  Sir  : To  your  inquiry  as  to  the  rights  of  the  Overseers  of  the  Poor  in 
Boston,  in  the  expenditure  of  moneys  appropriated  to  them  by  the  city,  I reply 
that  their  duty  is  to  make  no  expenditure  for  the  use  of  any  person  who 
has  not  a legal  claim  upon  the  city  for  support  or  assistance ; and  no  person 
has  such  claim  to  support,  either  in  whole  or  in  part,  unless  he  has  a legal  set- 
tlement in  Boston. 

If  a person  not  having  a legal  settlement  in  Boston  falls  into  distress  here, 
it  is  the  duty  of  the  Overseers  to  afford  him  temporary  relief  at  the  expense  of 
the  town  in  which  he  has  a settlement,  if  he  has  a settlement  in  this  Common- 
wealth ; and  if  he  has  no  such  settlement,  then  they  ought  forthwith  to  take 
the  necessary  steps  to  have  him  removed  to  one  of  the  State  almshouses. 

The  relief  that  may  be  afforded  here  to  persons  not  having  a settlement  in 
the  city,  and  falling  into  distress  here,  is  limited  to  a provision  for  their  neces- 
sities, until  they  can  be  removed  to  the  towns  which  are  bound  to  provide  for 
them,  or  to  a State  almshouse. 

Cities  and  towns  are  not  empowered  to  raise  or  appropriate  moneys  for  the 
support  of  paupers  not  belonging  to  them,  to  a greater  extent  than  I have 
indicated. 

Very  respectfully, 

Your  obedient  servant, 

J.  P.  HEALY. 

2 As  to  children  of  female  convicts,  see  Gen.  Sts.  c.  178,  §§  29,  30;  as  to 
the  expense  of  supporting  prisoners,  see  the  same  chapter;  and,  as  to  certain 
expanses  for  discharged  convicts,  St.  1864,  c.  169. 


LAWS  AND  ORDINANCES. 


29 


see  that  they  are  suitably  relieved,  supported,  and  employed, 
either  in  the  workhouse  or  almshouse,  or  in  such  other  manner 
as  the  city  or  town  directs,  or  otherwise  at  the  discretion  of  said 
overseers.  They  may  remove  to  the  almshouse  such  children 
as  are  suffering  destitution  from  extreme  neglect  of  dissolute  or 
intemperate  parents  or  guardians. 

3.  The  Overseers  of  the  Poor  shall  have  the  same  power 
and  authority  over  persons  placed  under  their  care,  which  di- 
rectors or  masters  of  workhouses  have  over  persons  committed 
thereto. 

4.  The  kindred  of  such  poor  persons,  in  the  line  or  degree 
of  father  or  grandfather,  mother  or  grandmother,  children  or 
grandchildren,  by  consanguinity,  living  in  this  State,  and  of  suffi- 
cient ability,  shall  be  bound  to  support  such  paupers,  in  propor- 
tion to  their  respective  ability. 

5.  The  superior  court  in  the  county  where  any  one  of  such 
kindred  to  be  charged  resides,  upon  complaint  of  any  city, 
town,  or  kindred  who  shall  have  been  at  expense  for  the  relief 
and  support  of  such  pauper,  may,  on  due  hearing,  assess  and 
apportion  upon  such  of  the  kindred  as  they  shall  find  to  be  of 
sufficient  ability,  and,  in  proportion  thereto,  such  sum  as  they 
shall  deem  reasonable  for  or  towards  the  support  of  the  pauper 
to  the  time  of  such  assessment ; and  may  enforce  payment 
thereof  by  execution  in  common  form ; provided , that  such 
assessment  shall  not  extend  to  any  expense  for  relief  afforded 
more  than  six  months  previous  to  the  filing  of  the  complaint. 

6.  The  court  may  further  assess  and  apportion  upon  said 
kindred  such  weekly  sum  as  they  shall  deem  sufficient  for  the 
future  support  of  the  pauper,  to  be  paid  quarter-yearly  until  the 
further  order  of  court ; and  upon  application  from  time  to  time 
of  the  city,  town,  or  kindred  to  whom  the  same  is  ordered  to  be 
paid,  the  clerk  of  said  court  shall  issue  and  may  renew  an 
execution  for  the  arrears  of  any  preceding  quarter. 

7.  When  the  court  adjudges  two  or  more  of  the  kindred  of 
a pauper  to  be  of  sufficient  ability  to  contribute  to  his  support, 


G.  S.  70,  § 2. 

1 Pick.  26,  123. 
20  Pick.  267. 

29  Maine,  313. 
7 N.  H.  298. 

7 Allen,  285. 

8 Allen,  73. 


Same  subject. 
G.  S.  70,  $ 3. 


Certain  kindred 
to  support,  &c. 
Ibid.  § 4. 

10  Cush.  239. 

3 Allen,  515. 

6 Allen,  585. 

8 Allen,  551. 


Superior  Court 
may  assess 
kindred  for  past 
expenses. 

G.  S.  70,  § 5. 

I Q.  66.* 

3 Mass.  436. 

5 Mass.  244. 

10  Cush.  239. 

II  Cush.  24. 


May  also  assess 
for  future 
expenses. 

G.  S.  70,  § 6. 


Costs,  how 
taxed. 

Ibid.  § 7. 


Quincy’s  Massachusetts  Reports. 


30 


LAWS  AND  ORDINANCES. 


Court  may 
order  with 
whom  pauper 
shall  live. 
Ibid.  § 8. 


Proceedings  on 
complaints. 
Ibid.  § 9. 


Other  kindred 
than  those 
named  may  be 
summoned. 
Ibid.  § 10. 


Court  may 
make  new 
orders. 


Ibid.  § 11. 


Overseers  may 
provide  for 
immediate 
relief  of 
strangers,  &c. 
Ibid.  § 12. 

3 Mass.  436. 

4 Mass.  273. 

5 Mass.  S6,  323, 
434. 

6 Mass.  501. 

8 Mass.  104. 

G.  S.  70,  § 12. 

10  Mass.  411. 

11  Mass.483, 327. 

12  Mass.  262. 
307,316,355,452. 

13  Mass.501,547. 

14  Mass. 184, 186. 

15  Mass.  248. 


they  shall  tax  no  more  costs  against  any  one  respondent  than  is 
occasioned  by  his  default  or  separate  defence. 

8.  The  court  may  further  order  with  whom  of  such  kindred, 
that  may  desire  it,  such  pauper  shall  live  and  be  relieved,  and 
such  time  with  one,  and  such  time  with  another,  as  they  shall 
deem  proper,  having  regard  to  the  comfort  of  the  pauper  as 
well  as  the  convenience  of  the  kindred. 

9.  The  complaint  made  as  provided  in  section  five,  shall  be 
filed  in  the  clerk’s  office,  and  a summons  shall  be  thereupon 
issued  requiring  the  kindred  therein  named  to  appear  and 
answer  thereto  ; which  summons  shall  be  directed  to  any  officer 
qualified  to  serve  civil  process  between  the  parties,  and  served 
like  an  original  summons,  fourteen  days  at  least  before  the  sitting 
of  the  court  to  which  it  is  returnable. 

10.  Upon  suggestion  that  there  are  other  kindred  of  ability, 
not  summoned  in  the  original  process,  they  may  be  summoned, 
and  after  due  notice,  whether  they  appear  or  are  defaulted,  the 
court  may  proceed  against  them  in  the  same  manner  as  if  they 
had  been  summoned  upon  the  original  complaint. 

11.  The  court  may  take  further  order  from  time  to  time  in 
the  premises,  upon  application  of  any  party  interested,  and  may 
alter  such  assessment  and  apportionment  according  to  circum- 
stances ; and  upon  all  such  complaints  they  may  award  costs  to 
either  party  as  justice  requires. 

16  Mass. 102, no.  12.  Said  overseers,  in  their  respective  places, 

2 nick.  34i. 4 ° shall  provide  for  the  immediate  comfort  and  relief 
5 Pick  190*  Persons  residing  or  found  therein,  having 

8 Pick.  3ss,  563.  lawful  settlements  in  other  places,  when  they  fall 

10  Pkk.  22,  150.  . 1 n • .. 

12  Pick.  i.  into  distress  and  stand  in  need  of  immediate  relief, 

17  pick.  63*.  and  they  are  removed  to  the  places  of  their 

23  Pick.  159.  lawful  settlements  : the  expenses  whereof,  incurred 
133.  within  three  months  next  before  notice  given  to  the 

9 Met!  539.  place  to  be  charged,  as  also  of  their  removal,  or 

2Cush  5^>~"  burial  in  case  of  their  decease,  may  be  recovered  by 

i Gray,  515.  the  place  incurring  the  same  against  the  place  liable 

5 Gray,  390.  1 ® . . 

11  Gray,  107.  therefor,  in  an  action  at  law,  to  be  instituted  within 


LAWS  AND  ORDINANCES. 


31 


two  years  after  the  cause  of  action  arises,  but  not 5 AIlen' 576-  13  Gray,  589. 

. 7 Allen,  284.  1 Allen,  23. 

Otherwise.  8 Allen,  73.  4 Allen,  574. 

13.  A recovery  in  such  action  shall  bar  the  place  against  Recovery  to 
which  it  shall  be  had  from  disputing  the  settlement  of  such 
pauper  with  the  place  so  recovering,  in  any  future  action Ibid*  § u' 
brought  for  his  support. 

14.  When  a person  is  supported  in  a place  other  than  that  Liability  when 
in  which  he  has  his  settlement,  the  place  liable  for  his  support  removed*  &c 
shall  not  be  required  to  pay  therefor  more  than  at  the  rate  of  ibid.  §14. 

^ A.  J . 4 Pick.  45. 

one  dollar  a week;  provided , that  the  place  so  liable  shall  7 Pick.  155. 
cause  the  pauper  to  be  removed  within  thirty  days  from  the  Sec 
time  of  receiving  legal  notice  that  such  support  has  been  fur-  8 Cush- 37L 
nished. 

15.  The  overseers  of  the  poor  of  each  place  shall  also  overseers  shall 
relieve,  support,  and  employ  all  poor  persons  residing  or  found 

therein,  having  no  lawful  settlements  within  this  State,  until  bury  indigent 

0 f strangers. 

their  removal  to  a State  almshouse,  and  in  case  of  their  decease  compensation 
shall  decently  bury  them  ; the  expense  whereof  may  be  recovered  ^ ^70,  § 15. 
of  their  kindred,  if  they  have  any  chargeable  by  law  for  their 
support  in  the  manner  hereinbefore  provided  ; and  if,  in  case  of 
their  burial,  the  expense  thereof  is  not  paid  by  such  kindred, 
there  shall  be  paid  from  the  treasury  of  the  commonwealth,  five 
dollars  for  the  funeral  expenses  of  each  pauper  over  twelve 


1 In  addition  to  the  statute  remedy  it  has  been  settled  by  the  supreme  court, 
that  when  the  overseers  of  the  poor  relieve  the  wants  of  the  wife  whose 
husband  has  a legal  settlement  in  another  town,  an  account  lies  at  common  law 
for  the  town  whose  overseers  furnished  the  relief,  against  the  husband,  not- 
withstanding the  statute  remedy  against  the  town  wherein  he  is  settled.  Inhab- 
itants of  Hanover  v.  Turner , 14  Mass.  227,  (1817).  See,  also,  City  of  New 
Bedford  v.  Chace,  0 Gray,  28  (1855),  and  Inhabitants  of  Honson  v.  Williams , 
6 Gray,  416  (1856). 

[So  if  a married  woman  has  been  committed  as  a lunatic  to  a State  lunatic 
hospital  by  a judge  of  probate,  the  town  of  her  settlement  may  maintain  an 
action  against  her  husband  to  recover  sums  which  it  has  been  obliged  to  pay 
for  her  support  there,  although  he  is  in  destitute  circumstances.  Brookfield  v. 
Alien,  6 Allen,  585.  But  a person  who  needs  relief,  and  receives  it  from  a 
town  is  not  liable  to  an  action  by  the  town  to  recover  compensation  for  such 
relief,  although  he  had  property  at  the  time  when  relief  was  furnished. 
Groveland  v.  Medford , 1 Allen,  23 ; ^010  v.  Sawyer , 3 Allen,  515.] 


32 


LAWS  AND  ORDINANCES. 


g.  s.  70,  § is.  years  of  age,  and  two  dollars  and  fifty  cents  for  the  funeral 
expenses  of  each  pauper  under  that  age.1 


Towns  liable  to  19  Pick.  473. 
individuals.  20  Pick.  506. 
G.  S.  70,  § 16.  7 Met.  214. 

2 Mass.  547, 564.  9 Met.  492. 

5 Mass.  244, 328.  4 Cush.  199. 
15  Mass.  286.  6 Cush.  399. 

4 Pick.  101.  10  Cush.  3. 

7 Pick.  333.  8 Allen,  73. 

10  Pick.  24.  9 Allen,  134. 

18  Pick.  470. 


16.  Every  city  and  town  shall  be  held  to  pay 
any  expense  necessarily  incurred  for  the  relief  of  a 
pauper  therein  by  any  person  who  is  not  liable  by 
law  for  his  support,  after  notice  and  request  made 
to  the  overseers  thereof,  and  until  provision  is  made 
by  them. 


Paupers  may  be  17.  The  overseers  of  any  place  may  send  a written  notifica- 
gTtm*?:  t*on>  statl*no  facts  relating  to  any  person  actually  become 

chargeable  thereto,  to  one  or  more  of  the  overseers  of  the  place 
where  his  settlement  is  supposed  to  be,  and  requesting  them  to 
remove  him,  which  they  may  do  by  a written  order  directed  to 


23  Pick.  156. 
4 Met.  433. 
13  Met.  199. 
8 Mass.  104. 
6 Mass.  501. 


5 Mass.  86. 

5 Allen,  545. 

Process  in  case 


any  person  therein  designated,  who  may  execute  the  same. 

18.  If  such  removal  is  not  effected  by  the  last-mentioned 


of  removals,  overseers  within  two  months  after  receiving  the  notice,  they 

If  a removal  is  ° J 

not  made  or  shall  within  said  two  months  send  to  one  or  more  of  the  over- 
theet<mn°noti-  seers  requesting  such  removal,  a written  answer,  signed  by  one 
G^s.*^’ 18°*  or  more  them , stating  therein  their  objections  to  the  removal ; 

i Mass.  459, sis.  and,  if  they  fail  so  to  do,  the  overseers  who  requested  the  re- 
moval  may  cause  the  pauper  to  be  removed  to  the  place  of  his 
supposed  settlement,  by  a written  order  directed  to  any  person 
therein  designated,  who  may  execute  the  same ; and  the  over- 
seers of  the  place  to  which  the  pauper  is  so  sent  shall  receive 
and  provide  for  him ; and  such  place  shall  be  liable  for  the 
expenses  of  his  support  and  removal,  to  be  recovered  in  an 
action  by  the  place  incurring  the  same,  and  shall  be  barred 
from  contesting  the  question  of  settlement  with  the  plaintiffs  in 


8 Mass.  104. 

16  Mass.  426. 

17  Mass.  432. 
17  Pick.  68. 
19  Pick.  159. 
23  Pick.  156. 
4 Met.  433. 

10  Cush.  408. 
1 Gray,  515. 

9 Allen,  91. 


such  action. 


Effect  of  notm-  19.  The  notification  and  answer  mentioned  in  the  two  pre- 
Bent°bymaii.  ceding  sections  may  be  sent  by  mail ; and  such  notification  or 
g.  s.  70,  § 19.  answer,  directed  to  the  overseers  of  the  poor  of  the  place  in- 
tended to  be  notified  or  answered,  postage  prepaid,  shall  be 


'For  the  expense  of  burying  persons  who  die  in  prisons,  see  Houses  of 
Correction  and  Jails , Laws  and  Ordinances  (1863),  p.  354,  § 59. 

For  the  disposition  of  the  bodies  of  such  persons  dying  in  almshouses,  &c. 
as  are  required  to  be  buried  at  the  public  expense,  see  post  §§  92-95. 


LAWS  AND  ORDINANCES. 


33 


deemed  a sufficient  notice  or  answer,  and  shall  be  considered  as  g.  s.7o,§i9. 
delivered  to  the  overseers  to  whom  it  is  directed,  at  the  time 
when  it  is  received  in  the  post-office  of  the  place  to  which  it  is 
directed,  and  in  which  the  overseers  reside. 

20.  Whoever  brings  into  and  leaves  any  poor  and  indigent  Penalty  for 

. . . . . 0 . . . . leaving  paupers 

person  m any  place  m this  btate,  wherein  such  pauper  is  not  where  not 
lawfully  settled,  knowing  him  to  be  poor  and  indigent,  and  with  ibui.  § ho*' 
intent  to  charge  such  place  with  his  relief  or  support,  shall 
forfeit  a sum  not  exceeding  one  hundred  dollars  for  each  io  Mass.  m. 
offence,  to  be  recovered  in  an  action  of  tort  to  the  use  of  such  2 rick.  28. 

i 21  Pick.  83. 


21.  Upon  the  death  of  a pauper,  who  at  the  time  of  his 
decease  is  actually  chargeable  to  any  place  within  this  State,  the 
overseers  of  the  poor  of  such  place  may  take  possession  of  all 
his  real  and  personal  property  ; and,  if  administration  is  not 
taken  upon  his  estate  within  thirty  days  after  his  decease,  the 
overseers  may,  in  their  own  names,  sell  and  convey  so  much 
thereof  as  may  be  necessary  to  repay  the  expenses  incurred  for 
the  pauper.  If  any  part  of  such  property  is  withheld  from  said 
overseers,  they  may,  in  their  own  name,  sue  for  and  recover 
possession  of  the  real  estate,  and  shall  have  the  same  remedy 
for  the  recovery  of  the  personal  estate,  or  its  value,  that  an  ad- 
ministrator might  have  in  like  case. 

22.  In  all  actions  and  prosecutions  founded  on  the  preceding 
provisions  of  this  chapter,  the  overseers  of  the  poor  of  any 
place,  or  any  person  by  writing  under  their  hands  appointed 
shall  appear,  prosecute,  or  defend  the  same  to  final  judgment 
and  execution,  in  behalf  of  such  place. 


Overseers  of 
Poor  may  sell 
estate  of 
deceased  pau- 
pers, and  apply 
proceeds  to 
reimburse  ex- 
penses. 

G.  S.  70,  §21. 

6 Pick.  462. 

1 Allen,  25. 

3 Allen,  515. 


Overseers  may 
prosecute,  &c. 
Ibid.  § 22. 


RETURNS  TO  BE  MADE  BY  OVERSEERS  OF  THE  POOR,  ETC. 


23.  The  Board  of  Directors  for  Public  Institutions  in  the  0verseers>  &c. 

to  return  to 

city  of  Boston,  and  the  overseers  of  the  poor  of  the  other  Secretary  of 
several  cities  and  towns  in  the  Commonwealth,  shall,  on  or  statement 


5 


1 And  see  G.  S.  c.  71,  §§  4,  25. 


34 


LAWS  AND  ORDINANCES. 


respecting 
paupers. 
1862,  112,  § 1. 


before  the  fifteenth  day  of  October  in  each  year,  prepare  and 
return  to  the  Secretary  of  the  Commonwealth  a statement, 
under  oath,  of  the  number  and  condition  of  the  paupers 
in  such  city  or  town,  as  they  were  during  the  year  ending 
on  the  last  day  of  the  month  preceding,  which  return  shall 
contain  true  and  correct  answers  to  the  following  inquiries, 
namely : — 

(1.)  What  number  of  persons  have  been  relieved  or  sup- 
ported by  your  town,  within  and  out  of  the  almshouse,  during 
the  whole  or  any  part  of  the  year  ending  September  thirtieth  ? 

(2.)  What  number  have  received  full  support  in  your  alms- 
house during  the  whole  or  any  part  of  the  year? 

(3.)  What  number,  including  children,  have  received  full 
support  out  of  the  almshouse  during  the  whole  or  any  portion 
of  the  year? 

(4.)  How  many  persons  have  you  aided,  or  assisted  with 
partial  support,  out  of  the  almshouse? 

(5.)  What  was  the  number  of  inmates  being  fully  supported 
in  your  almshouse  September  thirtieth  ? 

(6.)  How  many  persons  were  being  fully  supported  out  of 
the  almshouse? 

(7.)  How  many  were  receiving  partial  support  out  of  the 
almshouse  ? 

(8.)  What  has  been  the  average  number,  weekly,  during 
the  year,  supported  in  the  almshouse? 

(9.)  What  number  of  the  inmates  of  your  almshouse  were 
unable  to  perform  any  labor? 

(10.)  How  many  supported  or  relieved  in  your  town  within 
and  out  of  the  almshouse,  were  insane? 

(11.)  How  many  insane  persons  have  been  supported  by 
your  town  in  the  State  lunatic  hospitals? 

(12.)  Plow  many  have  been  supported  in  hospitals  out  of 
the  State? 

(13.)  How  many  supported  or  relieved  in  your  town  within 
and  out  of  the  almshouse  were  idiots  ? 

(14.)  How  many  idiotic  persons  have  been  supported  by 


LAWS  AND  ORDINANCES. 


35 


your  town  in  the  Massachusetts  school  for  idiotic  and  feeble-  Pauper  returns, 
minded  youth  ? 

(15.)  What  number  of  all  those  supported  and  relieved 
were  made  dependent  by  intemperance  in  themselves  ? 

(16.)  What  number  by  intemperance  in  those  who  ought 
to  have  been  their  supporters  ? 

(17.)  Of  the  whole  number  relieved  and  supported,  how 
many  had  a legal  settlement  in  your  town  ? 

(18.)  How  many  were  naturalized  citizens  (of  foreign  birth)  ? 

(19.)  How  many  were  aliens  (not  naturalized)  ? 

(20.)  How  many  were  born  in  England  and  Ireland? 

(21.)  How  many  State  paupers  have  you  sent  to  the  State 
almshouses  ? 

(22.)  Has  your  town  an  alipshouse  ? 

(23.)  What  number  of  acres  of  land  is  attached  to  your 
almshouse  ? 

(24.)  What  is  the  estimated  present  value  of  your  alms- 
house property? 

1.  Value  of  real  estate? 

2.  Value  of  personal  property? 

(25.)  What  is  the  average  weekly  cost  ot  fully  supporting 
a pauper  in  the  almshouse,  not  including  in  the  estimate  of  said 
cost,  interest  on  the  value  of  almshouse,  or  the  income  of  the 
farm  ? 


(26.)  What  has  been  the  average  weekly  cost  of  the  full 
support  of  a pauper  out  of  the  almshouse  ? 

(27.)  What  is  the  total  net  amount  of  expense  of  supporting 
and  relieving  the  poor  in  your  town,  within  and  out  of  the  alms- 
house, including  interest  on  the  cost  of  the  establishment. 

(28.)  What  is  the  estimated  value  of  the  labor  performed 
by  the  poor  in  your  almshouse  ? 

(29.)  What  number  of  persons  have  been  provided  for 
under  section  twenty-five,  chapter  seventy-one,  of  the  General 
Statutes  ? 

24.  The  said  directors  and  overseers  shall,  at  the  same  time,  Directors,  &c. 
prepare  and  return  in  manner  aforesaid,  correct  statements  of  ment  of  pauper 
all  children  in  such  city  or  town  under  fourteen  years  of  age  £ 


36 


LAWS  AND  ORDINANCES. 


Secretary  to 
furnish  blanks. 
1862,  112,  § 3. 


Penalty  for  not 
making  return. 
G.  S.  70,  § 24. 
1862,  112,  § 4. 


Secretary  to 
prepare 
abstract  of 
returns. 

G.  S.  70,  § 25. 


Coroner,  when 
to  bury  the 
body,  &c. 
Costs,  how 
paid. 

G.  S.  175,  § 14. 


who  have  been  fully  supported  at  the  public  charge  during  the 
whole  or  any  part  of  the  year,  specifying  therein  the  name,  age, 
and  sex  of  each. 

25.  The  secretary  of  the  commonwealth  shall,  in  the  month 
of  September,  annually  furnish  the  said  board  of  directors  and 
overseers  of  the  poor  with  blank  forms  of  returns,  which  shall 
contain,  in  substance,  the  foregoing  interrogatories  and  require- 
ments. 

26.  If  the  board  of  directors  for  public  institutions  of  the 
city  of  Boston,  or  the  overseers  of  the  poor  of  any  other  city  or 
town,  refuse  or  neglect  to  make  any  of  the  returns  as  aforesaid, 
they  shall  forfeit  a sum  not  less  than  fifty  nor  more  than  one 
hundred  dollars  for  each  offence  ; and  the  secretary  of  the  com- 
monwealth shall  forthwith  notify  the  district  attorney  of  the 
district  in  which  such  directors  or  overseers  reside,  of  such 
refusal  or  neglect,  and  he  shall  immediately  prosecute  for  the 
same. 

27.  The  secretary  shall,  as  soon  after  the  fifteenth  day  of 
October  of  each  year  as  practicable,  make  out  an  abstract  of  the 
returns  made  to  him,  together  with  such  explanatory  remarks 
as  he  deems  proper,  and  cause  the  same  to  be  printed  for  the 
use  of  the  legislature. 

28.  When  a coroner  takes  an  inquest  upon  a view  of  the 
dead  body  of  a stranger,  or  being  called  for  that  purpose  does 
not  deem  it  necessary  on  view  of  such  body  that  an  inquest 
should  be  taken,  he  shall  cause  the  body  to  be  decently  buried, 
unless  its  dissection  has  been  allowed  by  lawful  authority ; and 
if  the  coroner  certifies  that,  to  the  best  of  his  knowledge  and 
belief,  the  person  found  dead  is  a stranger,  not  belonging  to 
this  State,  the  expenses  of  burial  and  of  the  inquisition,  if  any 
is  taken,  and  other  necessary  expenses,  with  the  coroner’s  fees, 
shall  be  paid  from  the  State  treasury.  In  all  other  cases  the 
expenses  of  the  burial  shall  be  paid  by  the  town  or  city  where 
the  body  is  found,  and  all  other  expenses  by  the  county. 

[An  Act  concerning  returns  of  Sheriffs,  Keepers  of  Jails  and 
Houses  of  Correction,  and  Overseers  of  the  Poor. 

2?e  it  enacted , tyc.  as  follows  : — 


St.  1864,  c.  307. 


LAWS  AND  ORDINANCES. 


37 


Sect.  1.  The  secretary  of  the  board  of  State  charities  shall 
furnish  from  time  to  time,  to  the  keepers  of  the  several  prisons 
and  workhouses  throughout  the  Commonwealth,  including  the 
State  prison,  and  the  houses  of  industry,  reformation,  and  cor- 
rection, in  the  city  of  Boston,  the  following  blank  schedule  for 
periodical  returns,  which  shall  be  made  weekly,  from  all  prisons 
where  the  commitments  average  ten  a week  and  upwards ; 
monthly  from  all  prisons  where  the  commitments  average  be- 
tween two  and  ten  a week ; and  once  in  six  months  from  all 
other  prisons. 

Admissions . 

Registered  number ; name  ; color  ; age  ; sex  ; birthplace  : 
parents  both  Americans  ; parents  both  temperate  ; parents  both 
or  either  convicts  ; ever  married  ; intemperate  ; what  education  ; 
what  property ; ever  in  army  or  navy  ; ever  in  Reform  School ; 
when  committed ; why  committed  ; number  of  former  commit- 
ments ; when  discharged  ; how  discharged  ; length  of  sentence  ; 
number  of  days  sick ; number  of  times  punished  in  prison. 

Discharges, 

Registered  number ; name ; when  committed ; why  commit- 
ted ; when  discharged  ; how  discharged  ; time  in  prison  ; num- 
ber of  days  sick  ; number  of  times  punished  in  prison  ; number 
remaining  by  last  report ; number  committed  since  last  report ; 
number  discharged  ; number  transferred  from  other  jails,  &c.  ; 
number  transferred  to  other  jails,  &c.  ; number  now  in  confine- 
ment. 

Sect.  2.  The  said  secretary  shall  also  furnish  the  sheriffs 
of  the  several  counties,  the  board  of  directors  for  public  institu- 
tions for  the  city  of  Boston,  and  the  warden  of  the  State  prison, 
with  the  following  blank  schedule  for  annual  returns,  to  be 
made  on  the  first  day  of  October  in  each  year,  and  lodged  with 
the  said  secretary  before  the  fifteenth  of  October : 

1.  Names  and  salaries  of  every  officer  employed  and  paid 
in  and  about  the  prison. 

[Name.]  [Duty.]  [Salary.] 

2.  Sum  expended  for  provisions.  3.  Sum  expended  for 


Weekly  returns 
of  commit- 
ments, &c.  to 
be  made. 

1804,  307,  § 1. 


Annual  returns 
of  expenses,  &c. 
to  be  made. 

Ibid.  § 2. 


38 


LAWS  AND  ORDINANCES. 


1864,  307,  § 2. 


County  com- 
missioners to 
make  return  to 
sheriff  in 
certain  cases. 
Ibid.  $ 3. 


Penalty  for 
neglect  to 
make  returns. 
Ibid.  § 4. 


District  attor- 
ney to  make 
complaint. 
Ibid.  § 5. 


Returns  of 
paupers  to  be 
made  semi- 
annually. Form 
of  return. 

Ibid. § 6. 


clothing.  4.  Sum  expended  for  fuel  and  light.  5.  Sum  ex- 
pended for  beds  and  bedding.  6.  Sum  expended  for  medicine 
and  medical  attendance.  7.  Sum  expended  for  instruction  of 
prisoners.  8.  Sum  allowed  to  discharged  prisoners.  9.  Sum 
allowed  to  witnesses.  10.  Sum  expended  for  all  other  pur- 
poses. 11.  Total  amount  expended.  12.  Amount  received 
for  labor  of  prisoners.  13.  Nature  of  instruction  given.  14. 
Number  of  volumes  in  the  prison  library.  15.  Number  of 
prisoners  vaccinated.  16.  Number  of  persons  committed  for 
non-payment  of  fine  and  costs.  17.  Number  of  persons  who 
paid  fine  and  costs.  18.  Amount  received  for  fines  and  costs. 

Sect.  3.  The  board  of  county  commissioners  in  any 
county,  when  applied  to  therefor  by  the  sheriff,  shall  make  a 
return  to  him  on  or  before  the  tenth  day  of  October,  of  the 
amount  expended  by  them,  or  with  their  approval,  to  provide 
all  necessary  supplies  for  the  jails  and  houses  of  correction, 
necessary  to  enable  him  to  comply  with  the  requirements  of  the 
preceding  section. 

Sect.  4.  Every  sheriff  or  prison  officer  who  omits  to 
make  and  transmit,  according  to  the  provisions  of  this  act,  true 
answers  to  the  inquiries  contained  in  the  schedules,  and  every 
director  or  county  commissioner,  when  his  board  omits  to  make 
and  transmit  such  answers,  shall  forfeit  one  hundred  dollars. 

Sect.  5.  The  secretary,  when  he  finds  that  a sheriff, 
county  commissioner,  or  director  is  liable  to  a forfeiture  under 
the  provisions  of  this  act,  shall  forthwith  notify  the  district  at- 
torney for  the  district  in  which  such  sheriff  or  director  resides, 
who  shall  immediately  institute  a complaint  therefor,  and  the 
forfeiture  recovered  shall  be  applied  by  the  county  for  the  relief 
of  discharged  convicts. 

Sect.  6.  The  board  of  directors  for  public  institutions  and 
the  overseers  of  the  poor  in  the  city  of  Boston,  and  the  over- 
seers of  the  poor  in  the  other  cities  and  towns  shall,  twice  in 
the  year,  namely,  on  the  first  day  of  March  and  the  first  day 
of  October,  prepare  and  return  to  the  secretary  of  the  board 
of  State  charities,  full  answers  to  the  following  schedules  of 
questions. 


LAWS  AND  ORDINANCES. 


39 


Paupers  fully  supported . 

Registered  number;  name color;  age;  sex;  birthplace; 
naturalized  or  not ; settlement  in  the  town  ; able  to  perform 
labor ; intemperate ; insane  or  idiotic ; when  registered  as 
pauper ; where  supported ; ceased  to  be  supported ; average 
weekly  cost. 


Persons  relieved  and  partially  supported . 

Registered  number ; number  in  family  ; color ; age  ; sex  ; 
birthplace  ; came  into  the  State  ; naturalized  or  not ; settlement 
in  the  town ; intemperate ; insane  or  idiotic ; when  aided ; 
ceased  to  be  aided  ; residence  when  aided  ; whole  amount  paid. 

Travellers  Lodged  and  Persons  sent  to  the  State  Almshouse. 

Name  ; date  ; color ; age  ; sex  ; height ; complexion  ; sent 
to  State  Almshouse. 

Sect.  7.  During  the  month  of  September,  the  secretary  of 
the  board  of  State  charities  shall  furnish  to  the  officers  named 
in  the  sixth  section,  the  following  schedule  of  general  interrog- 
atories,  to  be  answered  by  them  on  the  first  of  October,  and 
returned  in  the  form  of  a statement  under  oath  to  the  secretary 
of  the  board  of  State  charities,  on  or  before  the  tenth  of  Octo- 
ber : — 

1.  Has  your  town  an  almshouse?  2.  If  not,  in  what  man- 
ner are  your  paupers  provided  for?  3.  If  so,  how  long  has  it 
been  built ; what  are  its  dimensions,  number  of  rooms,  and 
number  of  windows?  4.  How  much  land  is  connected  with  it? 

5.  What  is  the  estimated  value  of  your  almshouse  property? 
(1)  Value  of  real  estate?  (2) Value  of  personal  property? 

6.  What  sum  has  been  paid  during  the  present  year  for  the 

superintendence  of  your  almshouse  property  ? 7.  What  further 

sum,  if  any,  has  been  paid  by  the  town  for  the  support  of  the 
poor'  at  the  almshouse  ? What  sum  for  the  support  of  the  poor 
out  of  the  almshouse?  8.  What  is  the  estimated  value  of  the 
labor  performed  by  your  almshouse  poor  during  the  past  year  ? 
9.  What  number  of  persons  have  been  provided  for  under 


1804,307,  § 6. 


Annual  return 
to  be  made  in 
October. 

Ibid.  $ 7. 


40 


LAWS  AND  ORDINANCES. 


1864,  307,  § 7. 


Repeal  of  Sts. 
1862,  c.  112, 

§§  1,2,  3, 
c.  220,  and  G.  S 
inconsistent. 
Ibid.  § 8. 


Cities  and 
towns  may 
send  State  pau- 
pers to  State 
almshouses. 

G.  S.  71,  § 36. 


Commissioners 
may  allow 
towns  to  send 
sick  paupers  to 
hospital. 

G.  S.  71,  § 30. 


section  twenty-five,  chapter  seventy-one,  of  the  General  Stat- 
utes? 10.  How  many  State  paupers  have  been  sent  to  State 
Almshouses?  11.  What  have  been  the  whole  number,  and 
what  the  average  number  of  paupers  fully  supported  at  your 
almshouse  during  the  year?  12.  How  many  of  these  have 
been  vaccinated  ? 

Sect.  8.  Chapter  two  hundred  and  twenty,  and  the  first, 
second,  and  third  sections  of  chapter  one  hundred  and  twelve  of 
the  acts  of  eighteen  hundred  and  sixty-two,  and  also  so  much 
of  the  General  Statutes  as  is  inconsistent  with  this  act,  are 
hereby  repealed.  Approved  May  14,  1864.] 

State  Almshouses. 

29.  The  several  cities  and  towns  may  at  their  own  expense 
send  to  the  State  almshouses,  to  be  maintained  at  the  public 
charge,  all  paupers  who  may  fall  into  distress  therein,  not  hav- 
ing a settlement  within  the  commonwealth ; that  is  to  say,  the 
cities  and  towns  in  the  counties  of  Suffolk,  Middlesex,  and 
Essex,  may  send  such  persons  to  the  State  almshouse  at  Tewks- 
bury; the  cities  and  towns  in  the  counties  of  Norfolk,  Bristol, 
Plymouth,  Barnstable,  Nantucket,  and  Dukes  county,  to  the 
State  almshouse  at  Bridgewater ; and  the  remaining  cities  and 
towns,  to  the  State  almshouse  at  Monson ; provided  that  the 
alien  commissioners  may  direct  the  mayor  of  any  city,  or  the 
overseers  of  the  poor  of  any  town,  to  send  such  paupers  to  either 
of  the  State  almshouses  ; and  if  any  place  is  so  directed  to  send 
a pauper  to  a greater  distance  than  would  be  required  by  the 
preceding  provisions  of  this  section,  the  necessary  additional 
expense  shall  be  paid  by  the  State. 

30.  The  board  of  alien  commissioners1  may  allow  any  city 
or  town  in  the  State  to  send  sick  State  paupers  to  the  hospital  at 
Rainsford  Island,  and  such  paupers,  their  kindred,  and  the 
places  of  their  settlement,  shall  be  subject  to  the  same  liability 
as  if  they  had  been  sent  to  a State  almshouse,  to  be  enforced  in 
like  manner. 

1 On  the  first  day  of  October,  1863,  the  powers  belonging  to  the  board 
of  alien  commissioners  and  to  the  superintendent  of  alien  passengers  were 
transferred  to  the  “ Board  of  State  Charities.”  See  Act  of  1863,  c.  240. 


LAWS  AND  ORDINANCES. 


41 


31.  No  city  or  town  shall  send  to  either  almshouse  any  per-  Not  to  send 
son  who  by  reason  of  insanity  would  be  dangerous  if  at  large.  are dangerous. 
And  if  an  inmate  of  such  establishment  becomes  so  insane,  the  Inma,<"  beco,nr 

Ing  furiously 

inspectors  thereof  may  apply  to  the  judge  of  a police  court,  or  mad  may  be 

. . p p . ' . . sent  to  State 

any  two  justices  ot  the  peace  and  ot  the  quorum,  in  the  county  lunatic  hospt- 
in  which  the  institution  is  situated,  who  shall  have  the  same  g 71  §37 
power  and  authority  in  regard  to  such  application  and  the  com- 
mitment of  such  person  to  either  of  the  State  lunatic  hospitals, 
as  judges  of  probate  courts  have  in  regard  to  lunatics  furiously 
mad ; provided , that  it  shall  not  be  necessary  to  give  notice  of 
such  application  to  the  officers  of  any  place. 

32.  When  it  is  made  to  appear  on  application  in  writing  to  idiots  having 
any  two  justices  of  the  peace,  one  of  whom  shall  be  of  the  settlement  may 
quorum,  or  to  a police  court,  that  any  person  having  no  known  bo  «ent  to  state 
settlement  in  this  State  is  idiotic  and  ought  to  be  confined,  said  ibid.  $3s. 
justices  or  court  shall  send  such  person  to  the  nearest  State 
almshouse,  there  to  be  supported,  governed,  and  employed,  in 

the  same  manner  as  persons  sent  thereto  by  overseers  of  the 
poor. 

33.  When,  by  reason  of  all  the  State  almshouses  being  full,  when  «n  state 
a city  or  town  is  unable  to  obtain  admission  for  a State  pauper,  f*™8*™8®8  ^ree 
such  place  shall  take  charge  of  the  pauper  until  notified  by  the  t(>  t»ke  charge 

. i ° . 11  of  State  pau- 

supermtendent  to  whom  application  for  admission  has  been  pers  at  expense 
made,  that  the  pauper  can  be  received.  The  superintendent  Noficethereof. 
shall  give  notice  by  mail  when  the  pauper  can  be  received,  Ibid- §46> 
having  regard  in  so  doing  to  the  priority  of  applications ; and 
until  notice  is  given,  the  city  or  town  shall  receive  payment  for 
the  support  of  the  pauper  from  the  treasury  of  the  common- 
wealth. 

34.  If  a pauper  having  a legal  settlement  in  any  place  be-  Towns  liable 
comes  an  inmate  of  either  of  said  almshouses,  such  place  shall  [hei^paup^rs^ 
be  liable  to  the  commonwealth  for  the  expense  incurred  for  him,  ®*8tgec^ma‘ 

in  like  manner  as  one  town  is  liable  to  another  in  like  cases  ; g.  s.  7 1,  § 49. 

...  .6  Gray,  455. 

and  the  same  measures  shall  be  adopted  by  the  inspectors,  in 
regard  to  notifying  towns  so  liable,  the  removal  of  the  pauper, 
and  the  recovery  from  towns  of  expenses  incurred  for  him,  as 
are  prescribed  for  towns  in  like  cases. 


42 


LAWS  AND  ORDINANCES. 


Husband  and 
wife  not  to  be 
separated. 
1861,  W,  § 1. 


Expense  to  be 
paid  by  State. 
Ibid.  § 2. 

But  see  § 40. 

13  Mass.  501. 


Discharged 
convict  paupers 
to  be  removed 
to  almshouses 
in  certain  cases. 
G.  S.  71,  § 40. 


When  settle- 
ment is  discov- 
ered in  this 
State,  such 
paupers  to  be 
removed  to  the 
place,  &c. 

Ibid.  § 41. 


Allowance  tor 
State  paupers. 
Ibid.  § 56. 


35.  When  the  operation  of  any  provisions  of  law  in  relation 
to  poor  and  indigent  persons  might  cause  a separation  of  hus- 
band and  wife,  by  reason  of  her  having  a legal  settlement  in 
some  place  in  the  commonwealth,  he  being  a State  pauper,  both 
parties  shall  be  supported  at  the  place  where  she  has  a legal 
settlement. 

36.  The  expense  of  thus  supporting  the  person  who  is  such 
State  pauper,  shall  be  paid  by  the  commonwealth,  and  the 
accounts  therefor  shall  be  audited  and  allowed  by  the  inspectors 
of  the  State  almshouse  to  which  such  pauper  would  otherwise 
belong,  reference  being  had  to  the  expense  of  supporting  such 
person  at  the  State  almshouse,  if  there  committed. 

37.  When  a convict  discharged  from  the  State  prison  or 
any  jail  or  house  of  correction,  having  no  settlement  in  this 
State  known  to  the  warden,  keeper,  or  master  thereof,  is  at  the 
time  of  his  discharge  incompetent,  by  reason  of  age,  infirmity, 
or  disease  to  support  himself  by  labor,  such  warden,  keeper,  or 
master  shall  cause  him  to  be  removed  to  one  of  the  State  alms- 
houses ; the  expense  of  which  removal  shall  be  certified  to  the 
auditor  of  the  commonwealth,  upon  whose  approval  thereof  the 
same  shall  be  paid  out  of  the  treasury.1 

38.  If  after  such  removal  it  appears  to  the  inspectors  of  the 
almshouse  to  which  such  discharged  convict  is  removed,  that  he 
has  a legal  settlement  in  this  State,  they  shall  cause  him  to 
be  removed  to  the  place  of  his  legal  settlement,  which  shall  be 
liable  to  refund  to  the  commonwealth  all  expenses  incurred  in 
behalf  of  such  convict  from  the  time  of  his  discharge  from  the 
State  prison,  jail,  or  house  of  correction ; to  be  recovered  by  a 
suit  to  be  instituted  by  the  attorney-general  in  the  name  of  the 
commonwealth. 

39.  Nothing  shall  be  allowed  from  the  treasury  of  the  com- 
monwealth to  any  county,  city,  or  town,  for  expenses  incurred 
on  account  of  any  State  pauper,  except  in  cases  expressly  pro- 
vided by  law. 


1 Convicts  too  sick  to  be  removed,  are  to  be  taken  care  of  at  the  prisons 
until  they  are  able  to  be  sent  to  the  State  almshouse.  See  Gen.  Stats, 
c.  71,  § 42. 


LAWS  AND  ORDINANCES. 


43 


40.  All  accounts  against  the  commonwealth  for  allowance 
to  counties,  cities,  and  towns  on  account  of  State  paupers, 
shall  be  rendered  to  the  board  of  alien  commissioners  1 on  or 
before  the  third  Wednesday  of  January  annually;  and  shall  be 
so  made  as  to  include  all  claims  for  such  charges  up  to  the  first 
day  of  said  January,  and  if  approved  by  said  board,  and  certi- 
fied by  the  auditor  of  accounts,  shall  be  paid  from  the  treasury 
of  the  commonwealth.  The  commissioners  may  require  such 
accounts  to  be  accompanied  with  such  statement  of  particulars 
and  facts,  and  substantiated  by  such  affidavits  as  may  seem  to 
them  proper. 

41.  Any  person  having  received  a permit  from  the  overseers 
of  the  poor  of  any  city  or  town  to  become  an  inmate  of  any 
State  almshouse  or  hospital,  and  expressing  a preference  to  be 
sent  to  any  State  or  place  where  said  pauper  may  have  a legal 
settlement,  or  friends  willing  to  support  him,  the  board  of  alien 
commissioners1  shall  have  power  to  remove  said  pauper,  previous 
to  his  committal  to  any  State  institution,  if,  in  their  judgment, 
the  interest  of  the  commonwealth  and  of  the  pauper  will  be  pro- 
moted thereby ; provided , that  no  person  shall  be  so  removed, 
unless,  in  the  judgment  of  said  overseers  and  commissioners,  he 
will  become  a charge  to  the  State  for  at  least  one  year ; and 
said  commissioners  shall  return,  in  their  annual  report,  the 
names  of  all  persons  removed  under  the  provisions  of  this  act, 
the  places  whence  removed,  and  the  cost  of  the  several  removals. 

42.  Any  justice  of  the  superior  court,  trial  justice,  or  police 
court,  upon  complaint  of  the  overseers  of  the  poor  of  any  place 
or  of  a superintendent  of  alien  passengers,  in  term  time  or  vaca- 
tion, may  by  warrant  directed  to  a constable  or  other  person 
therein  designated,  cause  any  pauper  not  born,  nor  having  a 
settlement,  in  this  State,  who  may  conveniently  be  removed,  to 
be  conveyed,  at  the  expense  of  the  State,  to  any  other  State,  or, 
if  not  a citizen  of  the  United  States,  to  any  place  beyond  sea 
where  he  belongs. 


Accounts  of 
counties,  &c. 
how  audited, 
&c. 

G.  S.  71,  § 57. 
See  § 36. 


Paupers  may  be 
sent  out  of 
State. 

1860,  83. 


Foreign  pau- 
pers may  be 
carried  where 
they  belong. 
G.  S.  71,  § 52. 


1 By  the  Act  of  1863,  c.  240,  the  board  of  alien  commissioners  was  abol- 
ished, October  1,  1863,  and  all  its  powers  and  duties  were  transferred  to  a new 
board  to  be  called  the  “ Board  of  State  Charities.”  [See  this  Act  at  length  in 
a subsequent  portion  of  this  volume.] 


44 


LAWS  AND  ORDINANCES. 


State  lunatic 
paupers  may  in 
game  manner 
be  sent  home. 
G.  S.  71,  § 53. 


Overseers  of 
poor,  when  to 
perform  duties 
of  superinten- 
dent of  alien 
passengers. 
Ibid. § 24. 


St.  1865,  162. 


Persons  infect- 
ed with  small- 
pox, &c.  not  to 
be  sent  to  State 
almshouses. 
How  cared  for, 
&c. 

G.  S.  c.  71.  § 36. 


Expenses  reim- 
bursed, &c. 


Penalty  on  may* 
or  or  overseers 
for  violation  of 
act,  &c. 


43.  Upon  complaint  of  the  trustees  of  any  State  lunatic  hos- 
pital, the  county  commissioners  of  a county,  the  inspectors  of  a 
State  pauper  establishment,  or  the  overseers  of  the  poor  of  a 
place,  a judge  of  the  probate  court  shall  have  the  same  powers 
as  are  given  by  the  preceding  section,  to  cause  the  removal  of 
State  lunatic  paupers  under  their  charge  to  any  other  State,  or 
beyond  sea,  where  they  belong. 

44.  The  overseers  of  the  poor  in  any  place  where  there  is 
no  superintendent  of  alien 'passengers,  or  where  such  superin- 
tendent is  unable  to  perform  his  duties  by  reason  of  absence  or 
ill  health,  shall  perform  the  duties  and  exercise  the  authority  of 
superintendents ; and  shall  in  like  manner  render  their  accounts 
to  the  State  treasurer,  and  pay  over  the  money  received,  deduct- 
ing therefrom  a reasonable  compensation  for  their  services. 

\_An  Act  concerning  the  admission  of  sick  persons  to  the  State 

almshouses . 

1.  No  city  or  town  authorities  shall  be  allowed  to  send  to 
either  of  the  State  almshouses  any  person  infected  with  small- 
pox or  other  disease  dangerous  to  the  public  health,  nor  any  other 
sick  person  whose  health  would  be  endangered  by  removal,  but 
all  such  persons,  liable  to  be  maintained  by  the  commonwealth, 
shall  be  supported  during  such  sickness  by  the  city  or  town  in 
which  they  are  taken  sick,  and  notice  of  such  sickness  shall  be 
given  to  the  board  of  State  charities,  who  shall  have  authority 
to  examine  the  case  and  order  the  removal  of  the  patient  if  they 
deem  expedient. 

2.  The  expense  incurred  by  any  city  or  town  under  the  pro- 
visions of  the  first  section  of  this  act,  after  notice  shall  have 
been  given  as  therein  required,  and  the  bills  for  said  support 
having  been  approved  by  the  agent  of  the  board  of  State  chari- 
ties, shall  be  reimbursed  by  the  commonwealth  to  an  amount 
not  exceeding  at  the  rate  of  the  average  weekly  cost  of  the  sup- 
port of  similar  patients  at  the  Rainsford  Island  Hospital. 

3.  Any  mayor  or  overseer  of  the  poor  who  shall  knowingly 

offend  against  the  provisions  of  the  first  section  of  this  act,  shall 
be  subject  to  a penalty  of  not  less  than  fifty  or  more  than  one 
hundred  dollars.  Approved  April  27,  1865 . ] 


LAWS  AND  ORDINANCES. 


45 


Bastard  Children . 

45.  If  a woman  entitled  to  make  a complaint  refuses  or  who  may  com 
neglects  so  to  do  when  requested  by  an  overseer  of  the  poor  of  woman  refuses, 
the  place  where  she  resides  or  has  her  settlement,  or  one  of  the  ^kncn’477. 
alien  commissioners,1  the  superintendent  of  a State  almshouse  or  3Aiien,48i. 

. ^ . 8 Allen,  334. 

of  the  hospital  at  Rainsford  Island,  or  a person  authorized  by 
either  of  them  to  make  the  request,  or  either  of  her  parents,  or 
her  guardian,  the  person  so  requesting  may  make  the  complaint ; 
and  when  already  made,  if  she  refuses  or  neglects  to  prosecute 
the  same,  either  of  said  persons  may  prosecute  the  case  to  final 
judgment,  for  the  benefit  of  the  parent,  guardian,  city,  town, 
or  State.  In  such  cases  the  bond  shall  be  made  to  the  party 
for  whose  benefit  the  complaint  is  made  or  prosecuted. 

46.  When  a woman  is  an  inmate  of  either  of  the  State  alms-  if  woman  is 
houses,  a complaint  by  her  or  in  her  behalf,  may  be  made  either  house,  com 
in  the  county  where  she  then  is,  or  where  she  last  had  her  usual  where 
place  of  abode  before  becoming  such  inmate,  and  the  warrant  Ibid-§  3. 
shall  be  returnable  in  the  latter  county  or  the  county  where  the 
defendant  resides.  When  a complaint  is  made  in  the  county  of 
Suffolk,  by  or  in  behalf  of  an  inmate  of  the  hospital  at  Rainsford 

Island  or  the  house  of  industry  at  Deer  Island,  the  warrant  shall 
be  returnable  before  the  police  court  of  the  city  of  Boston. 

47.  No  complaint  shall  fye  withdrawn,  dismissed,  or  settled  complaint  not 

by  agreement  of  the  mother  and  the  putative  father,  without  the  draw^without 

consent  of  the  overseers  of  the  poor  of  the  city  or  town  in  which  consent,  &c. 

. J Ibid.  §9. 

she  has  her  settlement  or  residence,  or  of  one  of  the  other  offi-  3 Alien,  14s. 

cers  named  in  section  forty-five,  or  of  her  parent  or  guardian, 

unless  provision  is  made  to  the  satisfaction  of  the  court,  to 

relieve  and  indemnify  any  parent,  guardian,  city,  town,  or  the 

State,  from  all  charges  that  have  accrued  or  may  accrue  for  the 

maintenance  of  the  child,  and  for  the  costs  of  complaint  and 

prosecution  thereof. 

48.  No  settlement  made  by  the  mother  and  father,  before  Liability  for 
or  after  complaint  is  made,  shall  relieve  the  father  from  liability 

to  any  city  or  town,  or  the  State,  for  the  support  of  a bastard 
child. 


1 See  note  on  p.  43. 


46 


LAWS  AND  ORDINANCES. 


Party  charged 
as  father  may 
take  poor 
debtor’s  oath. 
G.  S.  72,  § 11. 

3 Allen,  151. 


Mother,  &c.,  to 
have  remedy, 
&c. 

Ibid.  § 12. 

32  Maine,  21. 


Public  officers 
may  compro- 
mise suits. 
1862,  213. 


Insane  person, 
how  committed. 
1862,  223,  § 3. 

11  Gray,  107. 


49.  Whoever  has  been  imprisoned  ninety  days  for  having 
failed  to  comply  with  any  order  of  the  court,  as  provided  in 
chapter  seventy-two  of  the  General  Statutes,  shall  have  the 
benefit  of  the  laws  for  the  relief  of  poor  prisoners  committed  on 
execution ; provided,  that  he  procures  like  notification  of  his  in- 
tention to  take  the  oath  prescribed  to  poor  debtors,  to  be  served 
upon  the  clerk  of  the  city  or  town  where  the  child  of  which  he 
is  the  reputed  father  has  its  legal  settlement,  if  there  is  such 
place  in  this  State,  and  also  upon  the  complainant,  if  living, 
thirty  days  at  least  before  the  time  appointed  for  taking  the 
oath. 

50.  The  mother  of  such  child  and  said  city  or  town,  or  the 
State  respectively,  may  at  all  times  after  the  liberation  of  such 
prisoner  or  taking  said  oath,  recover  by  action  of  contract  any 
sum  of  money  which  ought  to  have  been  paid  to  them  respec- 
tively by  him,  in  pursuance  of  such  order  of  court. 

51.  Public  officers  authorized  to  institute  prosecutions  and 
make  complaints  under  the  provisions  of  section  forty -five,  may 
with  the  consent  of  the  mother  or  of  her  parent  or  guardian, 
compromise  the  same  on  receipt  of  a fixed  sum  or  security  for 
the  payment  thereof,  for  the  benefit  of  the  city,  town,  or  com- 
monwealth as  the  case  may  be,  instead  of  prosecuting  the  same 
to  final  judgment.1 

COMMITMENT,  SUPPORT,  DISCHARGE,  ETC.  OF  INSANE  IN 
STATE  LUNATIC  HOSPITALS. 

52.  Any  of  the  judges  of  the  supreme  judicial,  superior,  and 
probate  courts,  and,  in  the  city  of  Boston,  of  the  police  court, 
may  commit  to  either  of  the  State  lunatic  hospitals,  any  insane 
person  who,  in  their  opinion,  is  a proper  subject  for  its  treatment 
or  custody.  But  in  all  cases,  the  evidence  and  certificate  of  at 
least  two  respectable  physicians,  shall  be  required  to  establish 
the  fact  of  insanity.  In  all  cases  the  judge  shall  certify  in  what 
place  the  lunatic  resided  at  the  time  of  his  commitment ; or  if 
ordered  to  be  confined  by  any  court,  the  judge  shall  certify  in 


1 For  further  provisions  of  law  relating  to  the  maintenance  of  bastard 
children,  see  Gen.  Stats,  c.  72,  and  Act  of  1863,  c.  127. 


LAWS  AND  ORDINANCES. 


47 


what  place  the  lunatic  resided,  at  the  time  of  the  arrest  in  pur- 
suance of  which  he  was  held  to  answer  before  such  court ; and 
such  certificate  shall,  for  the  purposes  of  this  act,  be  conclusive 
evidence  of  his  residence.1 * * * * 

53.  Any  person  applying  for  the  commitment  or  for  the  Notlceto  th0 
admission  of  a lunatic  to  a State  lunatic  hospital,  under  the  pro-  mayor,  &c. 
visions  of  the  Act  of  eighteen  hundred  and  sixty-two,  chapter 

two  hundred  and  twenty-three,  shall  first  give  notice  in  writing 
to  the  mayor,  or  one  or  more  of  the  selectmen,  of  the  place 
where  the  lunatic  resides,  of  his  intention  to  make  such  applica- 
tion ; and  satisfactory  evidence  that  such  notice  has  been  given 
shall  be  produced  to  the  judge  in  cases  of  commitment,  and  to 
the  trustees  upon  applications  for  admission. 

54.  The  judge  may  hear  and  determine  such  applications,  Caseshowand 
in  respect  to  persons  alleged  to  be  insane,  at  such  times  and  heard  by 
places  as  he  may  appoint ; and  the  presence  of  the  alleged  luna-  R>id-  § 6- 

tic  at  the  hearing  may  be  required  or  dispensed  with,  in  the 
discretion  of  the  judge;  and  the  court  may,  in  its  discretion,  Ajurymaybe 
issue  a warrant  to  the  sheriff  or  his  deputy,  directing  him  to  summoned 
summon  a jury  of  six  lawful  men,  to  hear  and  determine  whether 
the  alleged  lunatic  is  insane.  Whenever  a jury  is  summoned, 
pursuant  to  the  provisions  of  this  section,  the  same  proceedings 
shall  be  had  and  the  same  fees  and  expenses  paid  as  are  pro-  Fees  and  ex_ 
vided  by  the  General  Statutes,  chapter  seventy-three,  sections  penses- 
twelve,  thirteen,  fourteen,  fifteen,  and  sixteen. 

55.  Whenever  application  shall  be  made  to  any  judge  of  Fees  of  officers, 
probate  for  the  commitment  of  an  insane  person  under  the  pro-  Ibld* § 7’ 
visions  of  the  Act  of  eighteen  hundred  and  sixty-two,  chapter 

two  hundred  and  twenty-three,  he  may  allow  to  the  sheriff, 
deputy-sheriff,  or  constable,  or  other  person  to  whom  a precept 
is  directed  by  name,  who  may  serve  the  same,  the  same  fees  as 
are  allowed  to  officers  upon  the  commitment  of  persons  to  prison, 


1 When  application  is  made  to  a court  for  the  commitment  of  an  insane 

person  to  a hospital,  there  must  be  filed  a certificate  of  two  physicians,  that 

the  person  is  a fit  subject  to  be  committed  to  the  hospital,  and  also  a statement 

of  other  facts  relating  to  said  insane  person.  See  Lunatic  Hospital , Laws 

and  Ordinances  (1863),  pp.  334,  335,  §§  15,  16. 


48 


LAWS  AND  ORDINANCES. 


Panper insane 
may  be  sent  to 
hospital  by 
overseer  of  the 
poor. 

1862,  223,  § 9. 


Expenses  of 
support  of  per- 
sons having  set- 
tlements. 

Ibid.  § 10. 

16  Pick.  71. 

18  Pick.  379. 

9 Gray,  32. 

13  Gray,  544. 

6 Allen,  585, 


Support  of 
those  having 
no  know  n set- 
tlements. 

Ibid.  § 11. 

16  Pick.  71. 

18  Pick.  379. 

9 Gray,  32. 

13  Gray,  544. 

6 Allen,  585. 


and  such  further  sum  for  expenses  incurred  in  said  commitments, 
or  in  bringing  such  lunatic  before  the  judge  as  to  him  may  seem 
reasonable;  and  the  sums  so  allowed  shall  be  certified  and  paid, 
as  provided  in  the  General  Statutes,  chapter  seventy-three  sec- 
tion sixteen. 

56.  Any  insane  person  who  is  supported  by  any  place  as  a 
pauper,  may  be  committed  by  the  overseers  of  the  poor  thereof 
to  either  of  the  State  lunatic  hospitals,  with  the  consent  of  the 
trustees,  and  shall  be  kept  for  a sum  not  exceeding  the  actual 
expense  of  his  support.  And  the  trustees  shall  receive  into  the 
hospital  any  other  insane  person  having  a settlement  or  resi- 
dence in  this  commonwealth,  for  such  compensation  as  they 
may  determine. 

57.  The  expenses  of  the  State  lunatic  hospitals  for  the  sup- 
port of  lunatics  having  known  settlements  in  this  State,  shall  be 
paid  quarterly,  either  by  the  persons  obligated  to  pay,  or  by  the 
place  in  which  such  lunatics  had  their  residence  at  the  time  of 
their  commitment,  unless  other  sufficient  security  is  taken  to  the 
satisfaction  of  the  trustees  for  such  support.  If  any  place  or 
person  refuses  to  pay  whatever  sum  may  be  charged  and  due 
according  to  the  by-laws  of  the  hospital,  on  account  of  the  sup- 
port of  such  patient  therein,  or  for  the  removal  of  any  patient 
whom  the  trustees  are  authorized  by  law  to  remove,  for  thirty 
days  after  the  same  has  been  demanded  by  the  treasurer,  in 
writing,  of  the  mayor  and  aldermen  of  the  city,  or  of  the 
selectmen  of  the  town,  or  of  the  person  liable  therefor,  the 
same,  with  interest  from  the  time  of  such  demand,  may  be  re- 
covered for  the  use  of  the  hospital  in  an  action  to  be  instituted 
by  the  district-attorneys,  or  other  prosecuting  officers,  in  the 
name  of  the  treasurer,  against  such  delinquent  city,  town,  or 
person. 

58.  The  expenses  of  the  hospitals  for  the  support  of  luna- 
tics not  having  known  settlements  in  this  State,  committed 
thereto,  shall  be  paid  quarterly  by  the  Commonwealth  at  the 
same  rates  charged  for  city  and  town  pauper  lunatics  therein, 
but  not  to  exceed  the  sum  of  two  dollars  and  sixty-two  cents 
per  week ; and  the  same  may  afterwards  be  recovered  by  the 


LAWS  AND  ORDINANCES. 


49 


treasurer  of  the  commonwealth,  of  the  lunatics  themselves,  if 
of  sufficient  ability  to  pay  the  same,  or  of  any  person  or  kindred 
obligated  by  law  to  maintain  them,  or  of  the  place  of  their  set- 
tlement if  any  such  is  ascertained  ; and  the  district-attorneys,  or 
other  prosecuting  officers,  shall  institute  suits  therefor  when  re- 
quested. 


[An  Act  to  amend  an  Act  in  Relation  to  State  Charitable  and  st.  1864,  c.  138. 
Correctional  Institutions. 

1.  The  ninth  section  of  chapter  two  hundred  and  forty  Rate  of  charge 
of  the  acts  of  the  year  one  thousand  eight  hundred  and  sixty-  state  hospitals, 
three  is  hereby  so  amended  that  the  expenses  of  the  lunatic  G- s- 73* 

J r # 1862, 223, § 11. 

hospitals  for  the  support  of  the  persons  therein  named  to  be  paid  1863, 240,  § 9. 
by  the  commonwealth  shall  not  exceed  two  dollars  and  seventy-  1 ’ ’ § ^ 

five  cents  a week  for  each  lunatic. 


2.  This  act  shall  take  effect  upon  its  passage. 

Approved  April  8,  1864.] 


Takes  effect  on 
passage. 


59.  Any  judge  of  the  supreme  judicial  or  superior  court,  at  now  harmless 
anv  term  held  within  and  for  the  county  in  which  either  hospital incurable  in* 

- J 1 sane  may  be 

is  located,  or  the  iudo-e  of  the  probate  court  of  such  county  or  discharged. 

J ° 1 J 1862,  223,  §14. 

the  trustees  of  such  hospital  may  on  application  in  writing  for 
the  discharge  from  such  hospital  of  any  insane  person  who  has 
remained  there  a sufficient  time  to  make  it  appear  that  he  is  in- 
curable and  not  dangerous  to  the  peace  and  safety  of  the  com- 
munity, cause  him  to  be  delivered  to  the  agents  of  any  place 
in  which  he  has  a legal  settlement,  or  on  which  he  has  a legal 
claim  for  support,  or  to  his  friends,  when  it  appears  that  it  would 
not  be  to  his  injury,  and  that  he  would  be  comfortably  and  safe- 
ly provided  for  by  any  parent,  kindred,  friend,  master,  or  guar- 
dian, place  or  institution.  When  application  has  been  made  to 
any  judge  for  the  discharge  of  any  insane  person,  any  person  in- 
terested in  said  discharge  may  request  a trial  upon  said  applica- 
tion by  a jury,  and  the  judge  before  whom  the  trial  is  to  be  held 
shall  issue  a warrant  to  the  sheriff  of  the  county,  or  his  deputy, 
directing  him  to  summon  a jury  of  six  lawful  men,  to  hear  and  Jury. 


7 


50 


LAWS  AND  ORDINANCES. 


1862  ^ § 14  determine  whether  such  insane  person  is  incurable,  and  may  be 
comfortably  and  safely  provided  for  according  to  the  terms  of 
Summons,  this  section.  The  proceedings  shall  be  the  same  in  selecting 
expenses,  &c.  jurors>  conducting  the  trial,  and  allowing  the  costs,  as  are  pro- 
vided in  sections  twelve,  thirteen,  fourteen,  fifteen  and  sixteen 
of  chapter  seventy- three  of  the  General  Statutes. 

After  removal,  60.  If  after  the  discharge  of  an  incurable  lunatic  under  the 
ab^° supported,  preceding  section,  it  is  made  to  appear  on  complaint  by  any  per- 
&c.  may  be  re-  son  under  oath  to  the  judge  of  the  probate  court  for  the  county 

committed.  # . . 1 . 

G.  s.  73,  §31.  in  which  the  lunatic  has  his  legal  settlement  or  is  placed,  that 
he  is  not  comfortably  supported,  or  that  the  public  safety  is  en- 
dangered by  him,  said  judge  shall  order  his  recommitment  to 
said  hospital.  And  the  same  proceedings  may  be  had  in  deter- 
mining these  questions  by  a jury,  upon  the  request  of  any  person 
interested  therein  made  in  writing  to  said  judge,  as  are  provided 


How  other  in- 
sane and  idiots 
may  be  dis- 
charged or 
removed. 

Ibid.  § 29. 


Same  subject. 
1802,  223,  § 15. 


in  the  preceding  section. 

61.  Any  two  trustees  of  either  hospital,  or  either  of  the 
justices  of  the  supreme  judicial  court  or  superior  court,  at  any 
term  held  within  and  for  the  county  in  which  the  hospital  is  lo- 
cated, may,  on  application  in  writing  for  that  purpose,  discharge 
from  confinement,  after  the  cause  of  such  confinement  has  ceas- 
ed, any  lunatic  committed  thereto.  The  trustees  may  also  re- 
move any  idiot  or  other  patient  to  the  place  where  the  judge  or 
court  committing  him  shall  certify  that  he  resided,  when  in  their 
opinion  he  ceases  to  be  dangerous  and  is  not  susceptible  of  men- 
tal improvement  by  remedial  treatment  at  the  hospital,  if  such 
place  shall  not  remove  him  after  reasonable  notice  in  writing 
from  the  trustees. 

62.  The  several  judges  of  probate  in  the  counties  where  the 
State  lunatic  hospitals  are  located,  shall  have  the  same  authority 
at  any  time  to  discharge 1 from  confinement  lunatics  committed 
to  the  hospitals,  as  is  conferred  upon  the  trustees  and  the  justices 
of  the  supreme  judicial  and  superior  courts  by  the  preceding 
section. 


1 When  all  the  State  lunatic  hospitals  are  crowded,  trustees  may  remove  a 
certain  class.  See  Lunatic  Hospital , Laws  and  Ordinances  (1863),  p.  335,  § 17. 


LAWS  AND  ORDINANCES. 


51 


63.  The  money  and  cost  of  clothing  which  the  trustees  of  Expense  of 
any  State  lunatic  hospital  may  by  law  furnish  to  discharged  buriai°&c. 
pauper  lunatics,  the  expense  of  pursuing  such  as  elope  there-  1862>  2231 5 16‘ 
from  and  of  burial  of  pauper  lunatics  dying  in  the  hospitals, 

shall  be  reimbursed  to  the  trustees  by  the  places  of  legal  settle- 
ment of  city  and  town  paupers,  and  by  the  commonwealth  in  the 
case  of  State  paupers. 

64.  Every  city  and  town  paying  expenses  for  the  support  or  Remedy  of 
removal  of  a lunatic  committed  to  either  hospital,  shall  have  like  p°n“Cs  o°fiu^a- 
rights  and  remedies  to  recover  the  full  amount  thereof,  with  tics  committed 

. t to  hospitals. 

interest  and  cost,  of  the  place  of  his  settlement,  as  if  such  ex-  g.  s.73,  §25. 
penses  had  been  incurred  in  the  ordinary  support  of  the  lunatic  ; .' 5S 

and  the  lunatic,  if  of  sufficient  ability  to  pay  the  same,  and  any  J Gray ,’390,*  393 
kindred  obligated  by  law  to  maintain  him,  shall  be  liable  for  all 11  Gray,  107. 

1 -it  • . , 6 Allen,  585. 

such  expenses  paid  by  any  city  or  town  in  either  case. 


MASTERS,  APPRENTICES,  AND  SERVANTS. 

65.  Children  under  the  age  of  fourteen  years  may  be  bound  Minors  may  be 
as  apprentices  or  servants  until  that  age ; and  minors  above  the  apprentices  or 
age  of  fourteen  years  may  be  bound  as  apprentices  or  servants,  ^g***®'  § l 
females  to  the  age  of  eighteen  years  or  to  the  time  of  their 
marriage  within  that  age,  and  males  to  the  age  of  twenty-one 

O 7 O j 

years. 

66.  Children  under  the  age  of  fourteen  years  may  be  bound  How  bound 
by  their  father,  or  in  case  of  his  death  or  incompetency,  by  their  fourteen  years, 
mother  or  legal  guardian.  If  illegitimate,  they  may  be  bound  q1^52' 

by  their  mother  during  the  lifetime  of  the  putative  father  as  well  2 Mass- loy- 

J ® r 12  Mass.  387,433. 

as  after  his  decease.  If  they  have  no  parent  competent  to  act, 
and  no  guardian,  they  may  with  the  approbation  of  the  selectmen 
of  the  town  where  they  reside,  bind  themselves.  The  power  of 
a mother  to  bind  her  children  shall  cease  upon  her  subsequent 


1 The  8th,  9th,  10th,  11th,  19th,  20th,  21st,  22d,  23d,  24th,  27th,  28th,  and 
30th  sections  of  the  73d,  and  the  15th  section  of  the  171st,  and  the  17th  section 
of  the  172d  chapter  of  the  General  Statutes,  are  repealed  by  Act  of  1862, 
c.  223,  in  which  other  provisions  relating  to  the  insane  are  made. 


52 


LAWS  AND  ORDINANCES. 


G.  S.  Ill,  §2. 


When  above 
fourteen. 
Ibid.  § 3. 

5 Cush.  417. 


Overseers  of 
poor  may  bind. 
Ibid.  § 4. 

7 Greenl.  457. 
4N.  H.  139. 

2 Pick.  451. 

At  what  age 
and  upon  what 
terms  they  may 
be  bound. 

Ibid. § 5. 

5 Pick.  250. 

16  Pick.  44. 


Indenture  to  be 
of  two  parts, 
&c. 

Ibid.  § 6. 


One  part  of 
indenture  to  be 
kept  for  minor. 
Ibid.  § 7. 


Money,  &c.  to 
be  for  use  of 
apprentice. 
Ibid.  § 8. 


Parents,  over- 
seers, &c.  to 
inquire  into 
treatment  of 
children. 

Ibid.  § 9. 


marriage,  and  shall  not  be  exercised  by  herself  or  husband  during 
the  continuance  of  such  marriage. 

67.  Minors  above  the  age  of  fourteen  years  may  be  bound 
in  the  same  manner,  but  when  bound  by  their  parent  or  guar- 
dian, the  minor’s  consent  shall  be  expressed  in  the  indenture  and 
testified  by  his  signing  the  same. 

68.  A minor  child  who  is,  or  either  of  whose  parents  is, 
chargeable  to  a town  as  having  a lawful  settlement  therein,  or 
supported  there  at  the  expense  of  the  State,  maybe  bound  as  an 
apprentice  or  servant  by  the  overseers  of  the  poor. 

69.  Such  children,  whether  under  or  above  the  age  of  four- 
teen years,  may  be  so  bound,  females  to  the  age  of  eighteen 
years  or  to  the  time  of  their  marriage  within  that  age,  and  males 
to  the  age  of  twenty-one  years ; and  provision  shall  be  made  in 
the  contract  for  teaching  them  to  read,  write,  and  cipher,  and 
for  such  other  instruction,  benefit,  and  allowance,  either  within 
or  at  the  end  of  the  term,  as  the  overseers  may  deem  rea- 
sonable. 

70.  No  minor  shall  be  so  bound  unless  by  an  indenture  of 
two  parts,  sealed  and  delivered  by  both  parties  ; and  when  made 
with  the  approbation  of  the  selectmen,  they  shall  certify  such 
approbation  in  writing  upon  each  part  of  the  indenture. 

71.  One  part  of  the  indenture  shall  be  kept  by  the  parent 
or  guardian  executing  it,  for  the  use  of  the  minor ; and  when 
made  with  the  approbation  of  the  selectmen  or  by  the  overseers 
of  the  poor,  shall  be  deposited  with  the  town  clerk,  and  safely 
kept  in  his  office  for  the  use  of  the  minor. 

72.  All  considerations  of  money  or  other  things  paid  or 
allowed  by  the  master  upon  a contract  of  service  or  apprentice- 
ship made  in  pursuance  of  the  seven  preceding  sections,  shall  be 
paid  or  secured  to  the  sole  use  of  the  minor  bound  thereby. 

73.  Parents,  guardians,  selectmen,  and  overseers,  shall  in- 
quire into  the  treatment  of  all  children  bound  by  them  re- 
spectively, or  with  their  approbation,  and  of  all  bound  by,  or 
with  the  approbation  of,  the  predecessors  in  office  of  any  of 
them,  and  defend  them  from  all  cruelty,  neglect,  and  breach  of 
contract,  on  the  part  of  masters. 


LAWS  AND  ORDINANCES. 


53 


74.  Complaints  by  parents,  guardians,  selectmen,  or  over- complaint  for 
seers,  for  misconduct  or  neglect  of  the  master,  and  by  the  mas-  master  or'  s^ 
ter,  for  gross  misbehavior,  or  refusal  to  do  his  duty,  or  wilful  I?n.\moy  . 
neglect  thereof  on  the  part  of  the  apprentice  or  servant,  may  be  court,  &c. 
filed  in  the  Superior  Court  in  the  county  where  the  master  re-  2 rick.  451. 
sides,  setting  forth  the  facts  and  circumstances  of  the  case. 

The  court  shall  order  notice  to  the  adverse  party,  and,  if  the 
complaint  is  by  the  master,  to  all  persons  who  have  covenanted 
in  behalf  of  the  apprentice  or  servant,  and  to  the  selectmen  who 
approved  of  the  indenture,  or  their  successors  in  office,  and 
shall  hear  and  determine  the  case  with  or  without  a jury,  as  the 
allegations  of  the  parties  may  require. 

75.  The  court  may  render  a judgment  or  decree,  that  the  Court  may  dis- 
minor  be  discharged  from  his  apprenticeship  or  service,  or  the  ticc^&o.J1,picI 
master  from  his  contract,  and  the  minor  thus  discharged  may  451 

be  bound  out  anew. 

76.  Costs  may  be  awarded  to  the  prevailing  party,  and  Court  may 
execution  issued  therefor ; but  no  costs  shall  be  awarded  Ibid.  § 12. 
against  selectmen  or  overseers,  unless  it  appears  that  the  com- 
plaint was  made  without  just  and  reasonable  cause.  Costs  in 

favor  of  the  master  may  be  recovered  of  the  parent  or  guardian 
who  executed  the  indenture,  or,  if  there  is  no  parent  or 
guardian  liable  therefor,  such  costs  may  be  recovered  in  an 
action  against  the  minor  when  he  arrives  at  full  age. 


77.  Every  master  shall  be  liable  to  an  action  on  the  inden-  Master  liable  to 
ture  for  the  breach  of  any  covenant  on  his  part  therein  contained,  “denture. 

All  damages  recovered  in  such  action,  after  deducting  the  ne-  Ibid-  § 13* 
cessary  charges  in  prosecuting  the  same,  shall  be  the  property 

of  the  minor,  and  may  be  applied  and  appropriated  to  his  use  by 
the  person  who  recovers  the  same,  and  the  residue  shall  be  paid 
to  the  minor,  if  a male,  at  the  age  of  twenty-one  years,  and  if 
a female,  at  the  age  of  eighteen  years,  or  at  the  time  of  her 
marriage  within  that  age. 

78.  Such  action  may  be  brought  by  the  parent  or  his  execu-  By  whom 
tors  or  administrators,  the  guardian,  or  any  one  who  succeeds  brought!' ^ b° 
him  in  that  trust,  or  the  overseers  or  their  successors  in  office ; IbldL  § 14, 

or  it  may  be  brought  in  the  name  of  the  minor  by  his  guardian 


54 


LAWS  AND  ORDINANCES. 


G.  s.  ill,  § 14. 


Proceedings 
therein  when 
brought  by 
overseers. 


Ibid.  § 15. 


Limitation  of 
action  by 
apprentice. 
Ibid.  § 16. 

If  judgment  for 
plaintiff,  court 
may  discharge 
apprentice. 

Ibid.  § 17. 


Apprentice 
absconding  may 
be  arrested,  and 
returned  or 
imprisoned. 
Ibid.  § 18. 


Proceedings  in 
such  case. 

Ibid.  § 19. 


Costs  therein, 
of  whom 
recoverable. 
Ibid. § 20. 


or  next  friend,  as  the  case  requires ; or  by  himself  after  the 
expiration  of  the  term  of  apprenticeship  or  service. 

79.  If  the  action  is  brought  by  the  overseers,  it  shall  not 
abate  by  the  death  of  any  of  them*  or  by  their  being  succeeded 
in  office  ; but  shall  proceed  in  the  names  of  the  original  plaintiffs, 
or  the  survivor  of  them,  or  the  executors  or  administrators  of  the 
survivor ; and  the  money  recovered  therein  shall  be  deposited  in 
the  city  or  town  treasury,  to  be  applied  and  disposed  of  as  pro- 
vided in  section  seventy-seven. 

80.  No  such  action  shall  be  maintained,  unless  commenced 
during  the  term  of  apprenticeship  or  service,  or  within  two  years 
after  the  expiration  thereof. 

81.  If  judgment  in  such  action  is  rendered  for  the  plaintiff, 
the  court  may  upon  motion  of  the  plaintiff  discharge  the  minor 
from  his  apprenticeship  or  service,  if  not  already  done  as  before 
provided,  and  the  minor  may  be  bound  out  anew. 

82.  If  an  apprentice  or  servant,  bound  as  aforesaid,  unlaw- 
fully departs  from  the  service  of  his  master,  any  police  court  or 
justice  of  the  peace,  upon  complaint  on  oath  made  by  the  master 
or  any  one  in  his  behalf,  may  issue  a warrant  to  apprehend  the 
apprentice  or  servant,  and  bring  him  before  the  court  or  justice. 
If  the  complaint  is  supported,  the  court  or  justice  may  order  the 
offender  to  be  returned  to  his  master,  or  commit  him  to  the  jail 
or  house  of  correction  for  a term  not  exceeding  twenty  days, 
unless  sooner  discharged  by  his  master. 

83.  The  warrant  when  directed  to  an  officer  or  other  person 
by  name,  shall  authorize  him  to  convey  the  offender  to  the  place 
of  residence  of  the  master  in  any  county  in  the  State. 

84.  All  costs  incurred  in  such  process  against  a servant  or 
apprentice,  shall  be  paid  in  the  first  instance  by  the  complain- 
ant. If  the  complaint  is  supported,  the  costs  may  be  recovered 
by  the  master  in  an  action  on  the  indenture,  if  executed  by  a 
parent  or  guardian,  and  if  recovered  against  a guardian,  he  may 
charge  the  amount  paid  by  him  in  his  guardianship  account. 
If  the  indenture  was  executed  by  overseers  of  the  poor,  or  the 
minor  with  the  approbation  of  the  selectmen,  the  costs  may  be 
recovered  in  an  action  against  the  minor  after  he  arrives  at  full 


LAWS  AND  ORDINANCES. 


85.  No  indenture  of  apprenticeship  or  service  made  in  pur-  Apprenticeship 
suance  of  this  chapter  shall  bind  the  minor  after  the  death  of  dea^tTot master, 
his  master,  but  the  apprenticeship  or  service  shall  be  thence-  G' s-  in*  $ 21* 
forth  discharged,  and  the  minor  may  be  bound  out  anew. 

86.  All  the  foregoing  provisions  shall  apply  as  well  to  mis-  Mistresses. 

. , Ibid.  § 22. 

tresses  as  to  masters. 


87.  Nothing  contained  in  the  preceding  sections  G°™™on*lftW 
shall  affect  the  father’s  right  at  common  law  to  ibid.  § 23. 
assign  or  contract  for  the  services  of  his  children  during  their 


7 Mass.  147. 

9 Gray,  381. 

1 Mason,  78. 

8 Johns.  328. 
1 Ashm.  207. 


3 B.  & A.  586. 


minority. 

88.  Everything  prescribed  in  preceding  sections  to  be  done  rowers  and 
by  the  selectmen  of  a town  shall  and  may  be  done  by  the  Invested 


Mayor  and  Aldermen  of  a city ; and  everything  prescribed  to 
be  done  by  the  Overseers  of  the  poor  of  a town  shall  and  may 
be  done  by  the  Overseers  of  the  poor  of  a city,  or  the  direc- 
tors of  the  house  of  industry,  or  such  other  officers  as  have 
charge  of  the  poor  therein. 


[An  Act  concerning  masters  and  apprentices.  st.  1865,  c.  270. 

1 . No  minor  shall  be  bound  as  an  apprentice  or  ser-  Minors  not  t0 
vant  unless  his  parent  or  guardian,  or  some  responsible  person  be  b°und  a?‘ 

1 0 1 1 prentices  with- 

in his  behalf,  shall  give  a written  bond  in  the  sum  of  two  hun-  out  bonds  to 

dred  dollars  to  the  master,  with  condition  that  the  minor  shall  except,  &c. 

serve  him  for  the  full  term  of  such  apprenticeship  or  service, 

and  that  the  master  shall  be  held  harmless  from  any  loss  or 

damage  from  the  breach  of  such  condition,  provided  that  minor 

children,  who  have  no  parents  able  to  give  such  bond,  may  be 

so  bound  by  giving  a bond  in  such  sum  as  may  be  agreed 

upon  by  and  between  the  master  and  the  parents  or  guardians 

of  such  minor.  And  the  master  shall  also  give  bond  to  the 

minor,  in  a like  sum,  with  condition  that  he  shall  comply  with 

the  conditions  of  the  indenture,  and  shall  not  be  guilty  of  any 

misconduct  towards  the  apprentice  or  servant,  and  shall  hold  the 

apprentice  or  servant  harmless  from  any  loss  or  damage  by 

reason  of  any  failure  on  his  part  to  comply  with  the  terms  of 

the  indenture  or  contract,  provided  that,  whenever  minors  are 

bound  by  State,  town,  or  municipal  authorities,  or  authorized 


56 


LAWS  AND  ORDINANCES. 


1865,  270,  § 1. 


Bond  by  mas- 
ter, how  to  be 
preserved,  &c. 
Ibid.  § 2. 


G.  S.  Ill, §§  18, 
19,  20,  repealed. 
Ibid.  § 3. 


agents,  the  bond  required  to  be  given  to  the  master  may  be 
waived  by  the  parties. 

2.  The  bond  given  by  the  master  shall  be  kept  for 
the  use  of  the  minor  by  the  parent  or  guardian,  and,  when 
there  is  no  parent  or  guardian,  it  shall  be  deposited  with  the 
Town  Clerk  where  the  master  resides,  and  safely  kept  in  his 
office  for  the  use  of  the  minor. 

3.  Sections  eighteen,  nineteen,  and  twenty,  of  chap- 
ter one  hundred  and  eleven  of  the  General  Statutes  are  hereby 
repealed. 

Approved  May  16,  1865.] 


SETTLEMENT  OF  PAUPERS. 


Settlements, 
how  acquired. 
G.  S.  69,  § 1. 
13  Mass.  547. 
15  Mass.  260. 

2 Pick.  394. 

1 Met.  580. 

10  Cush.  517. 


89.  Legal  settlements  may  be  acquired  in  any  city  or 
town,  so  as  to  oblige  such  place  to  relieve  and  support  the 
persons  acquiring  the  same,  in  case  they  are  poor,  and  stand 
in  need  of  relief,  in  the  manner  following,  and  not  otherwise, 
namely  : — 


By  married 
women. 

9 Mass.  201. 

12  Mass.  363. 
1 Pick.  506. 

13  Pick.  303. 


23  Pick. 242.  First.  A married  woman  shall  follow  and  have 
32  n.  h.  245.  the  settlement  of  her  husband,  if  he  has  any  within 
the  State ; otherwise  her  own  lat  the  time  of  marriage,  if  she 
then  had  any,  shall  not  be  lost  or  suspended  by  the  marriage.1 


By  legitimate  4 Pick.  174. 
children.  7 Pick.  140. 

4 Mass.  493.  18  Pick.  264. 

13 Mass.  469,472.  23  Pick.  245. 
15  Mass.  237,260.  12  Met.  37,  38. 


4 Alien,  458.  Second.  Legitimate  children  shall 

6 Allen,  31.  ° 

8 Alien,  551.  follow  and  have  the  settlement  of  their 
24MeH28i.1,M2'  father,  if  he  has  any  within  the  State, 


16  Mass.  135.  8 Cush.  528. 

17  Mass.  398.  10  Cush.  517. 


until  they  gain  a settlement  of  their  own ; but, 


i Pick.  197, 506.  13  Gray,  34i.  if  he  has  none,  they  shall,  in  like  manner,  fol- 
low and  have  the  settlement  of  their  mother,  if  she  has  any.2 


[*  Under  St.  1845,  c.  222,  Gen.  Sts.  c.  107,  § 2,  the  validity  of  a marriage 
cannot  be  questioned  on  account  of  insanity  or  idiocy,  in  a suit  to  recover  for 
expenses  incurred  after  its  passage  in  the  support  of  a pauper,  whose  settle- 
ment is  sought  to  he  established  by  a marriage  existing  before  its  passage. 
4 Allen , 458. 

2 Under  St.  1853,  c.  253,  if  the  parents  of  illegitimate  children  marry,  and 
the  father  acknowledges  them  as  his,  they  are  made  legitimate  to  all  intents 
and  purposes,  and  thereupon  take  his  settlement,  although  this  may  change 
that  already  acquired  by  them  at  birth  from  the  mother.  8 Allen,  551.] 


LAWS  AND  ORDINANCES. 


57 


Third.  Illegitimate  children  shall  follow  and  have  the  set- By  illegitimate 
tlement  of  their  mother  at  the  time  of  their  birth,  if  she  then  1# 

has  any  within  the  State  ; but  neither  legitimate  nor  illegitimate  8 • 383,429 

children  shall  gain  a settlement  by  birth  in  the  place  where  23 1>ick- 242* 

& : * 8 Cush.  75. 

they  may  be  born,  if  neither  of  their  parents  then  has  a settle- 8 Alien,  551. 
ment  therein. 

Fourth.  Any  person  of  the  age  of  twenty-one  By  living  on  5 Met.  350. 

. . . . pi*  1 n 1 freehold  estate.  13  Met.  192. 

years,  being  a citizen  ot  this  or  any  other  ot  the  4 Mass.  384.  4 Cush.  172. 

United  States,  and  having  an  estate  of  inheritance  J*  ^ 1 Gray,  eia. 

or  freehold  in  any  place  within  the  State,  and  living  2 Pick.  29, 530.  13  Gray,  92. 
on  the  same  three  years  successively,  shall  thereby  19  Pick.  294.  g Alien, 431, 477. 

. x 1 • 1 1 21  Pick.  233.  9 Allen,  137. 

gain  a settlement  in  such  place.  3 Met.  igs,  428. 

Fifth.  Any  person  of  the  age  of  twenty-one  By  being  15Mass.i60.253. 
years,  being  a citizen  of  this  or  any  other  of  the 
United  States,  and  having  an  estate  the  principal  of 11  Mas8, 327*  24  Pick.  166. 

which  shall  be  set  at  two  hundred  dollars,  or  the  income  at  i Met.  178. 
twelve  dollars  in  the  valuation  of  estates  made  by  assessors,  4 Cush.  557. 
and  being  assessed  for  the  same  to  State,  county,  city,  or  town  ^Gray^sl2 
taxes,  for  five  years  successively,  in  the  place  where  he  dwells  4 Grar’ 282- 

•7  J . 1 . 4 Allen,  574. 

and  has  his  home,  shall  thereby  gain  a settlement  therein.  e Alien, 477. 

Sixth.  Any  person  being  chosen  and  actually  serving  one  By  serving  one 
whole  year  in  the  office  of  clerk,  treasurer,  selectman,  overseer  offices.1  t0Wn 
of  the  poor,  assessor,  constable,  or  collector  of  taxes,  in  any  523* 

place  shall  thereby  gain  a settlement  therein.  For  this  purpose  1Pi(*. 
a year  shall  be  considered  as  including  the  time  between  the 
choice  of  such  officers  at  one  annual  meeting  and  the  choice  at  the 
next  annual  meeting,  whether  more  or  less  than  a calendar  year. 

Seventh.  Every  settled  ordained  minister  of  the  gospel  shall  Settlement 

J . 0 A acquired  by 

be  deemed  to  have  acquired  a legal  settlement  in  the  place  ministers. 

. . . . . 4 Cush.  553. 

wherein  he  is  or  may  be  settled  as  a minister.  7 Alien,  90. 

Eighth.  Any  person  admitted  an  inhabitant  by  any  place  at  By  persons 

a legal  meeting,  held  under  a warrant  containing  an  article  for  fnimbuants 

that  purpose,  shall  thereby  acquire  a legal  settlement  therein.  by  vote. 

Ninth.  Any  citizen  of  this  or  any  other  of  the  By  incorpora-  place. 

TT  . . o in*  ii*  1*1  • tionofan  4 Mass.  452. 

United  fetates,  dwelling  and  having  his  home  m unincorporated  6 Mass.  445. 
any  unincorporated  place  at  the  time  it  is  incorporated  into  a J 
town,  shall  thereby  acquire  a legal  settlement  therein. 

8 


58 


LAWS  AND  ORDINANCES. 


Where  to  be 
upon  division 
or  incorpora- 
tion of  town. 

G.  S.  69,  § 1. 

4 Mass.  278, 384, 
453,  676. 

10  Mass.  341. 

4 Pick.  117. 

13  Pick.  303. 

16  Pick.  197. 

19  Pick.  426. 

6 Met.  484. 

4 Cush.  185. 

4 Mass.  487. 

10  Mass.  342. 

1 Allen,  75. 

4 Mass.  486. 

17  Mass.  398. 

4 Pick.  357. 


By  serving 
apprenticeship 
four  years,  &c. 


By  residence 
and  paying 
taxes. 

5 Mass.  430. 
10  Mass.  394. 
13  Mass.  460, 
462,  502. 

15  Mass.  254. 

16  Mass.  236. 


Tenth.  Upon  the  division  of  a city  or  town,  every  person 
having  a legal  settlement  therein,  but  being  absent  at  the  time 
of  such  division  and  not  having  acquired  a legal  settlement  else- 
where, shall  have  his  legal  settlement  in  that  place  wherein  his 
last  dwelling-place  or  home  happens  to  fall  upon  such  division ; 
and  when  a new  city  or  town  is  incorporated,  composed  of  a 
part  of  one  or  more  incorporated  places,  every  person  legally 
settled  in  the  places  of  which  such  new  city  or  town  is  so  com- 
posed, and  who  actually  dwells  and  has  his  home  within  the 
bounds  of  such  new  city  or  town  at  the  time  of  its  incorpora- 
tion, shall  thereby  acquire  a legal  settlement  in  such  new  place  ; 
; provided , that  no  person  residing  in  that  part  of  a place  which 
upon  such  division  shall  be  incorporated  into  anew  city  or  town, 
having  then  no  legal  settlement  therein,  shall  acquire  any  by 
force  of  such  incorporation*  only ; nor  shall  such  incorporation 
prevent  his  acquiring  a settlement  therein,  within  the  time  and 
by  the  means  by  which  he  would  have  gained  it  there  if  no  such 
division  had  been  made.1 

Eleventh.  A minor  who  serves  an  apprenticeship  to  a lawful 
trade  for  the  space  of  four  years  in  any  place,  and  actually  sets 
up  such  trade  therein  within  one  year  after  the  expiration  of  said 
term,  being  then  twenty-one  years  old,  and  continues  there  to 
carry  on  the  same  for  five  years,  shall  thereby  gain  a settlement 
in  such  place ; but  being  hired  as  a journeyman  shall  not  be 
considered  as  setting  up  a trade. 

»£«■  Twelfth.  Any  person  of  the  age  of  twenty-one 
8 Pick.  408.  years,  being  a citizen  of  this  or  any  other  of  the 
12  rick!  i.  ' United  States,  who  resides  in  any  place  within  this 
20 Pick  345  48°*  State  for  ten  years  together,  and  pays  all  State, 
3 Met.  428.  county,  city,  or  town  taxes,  duly  assessed  on  his 

10  Met.  115.  J J J 

[*  Where  part  of  one  existing  town  is  by  special  statute  annexed  to  another 
existing  town,  the  inhabitants  actually  dwelling  or  having  a home  in  the  part 
annexed,  will  acquire  a settlement  in  the  town  to  which  they  are  annexed.  7 
Mass.  156,  14  Mass.  253,  15  Mass.  248,  1 Pick.  144,  19  Pick.  426. 

As  to  agreements  between  towns,  and  for  other  decisions  relating  to  the 
effect  of  acts  of  incorporation,  &c.,  see  6 Mass.  501,  14  Mass.  253,  15  Mass. 
254,  257,  260,  261,  16  Mass.  48,  58,  112,  2 Pick.  572  9 Pick.  55,  16  Pick.  197, 
24  Pick.  164,  1 Met.  383,  4 Met.  570,  10  Met.  208,  4 Cush.  185,  10  Cush.  517.] 


LAWS  AND  ORDINANCES. 


59 


,,  . A n n VI*  -w  G.  S.  69,  § 1.  13  Gray,  586. 

poll  or  estate  for  any  five  years  within  said  time,  12  Met.  35.  4 Alien,  571. 

shall  thereby  gain  a settlement  in  such  place.  638,' 557. 19°*  wpiok. i?8’ 

90.  No  person  who  had  begun  to  acquire  a settlement  by  provisions  for 
the  laws  in  force  at  and  before  the  time1  when  the  preceding  have°be^n°to 
section  took  effect,  in  any  of  the  ways  in  which  any  time  is  nre-  acquir0 

• J J I settlements. 

scribed  for  a residence,  or  for  the  continuance  or  succession  of  ibid.  §2. 
any  other  act,  shall  be  prevented  or  delayed  by  the  provisions 
of  the  preceding  section ; but  he  shall  acquire  a settlement  by  a 
continuance  or  succession  of  the  same  residence  or  other  act  in 


the  same  time  and  manner  as  if  the  former  laws  had  continued 


in  force. 


91.  Every  legal  settlement  shall  continue  till  imtu 

it  is  lost  or  defeated  by  acquiring  a new  one  with-  &c- 

to  , Ibid.  § 3. 

m this  State,  and  upon  acquiring  such  new  set-  4 Mass.  133. 
tlement  all  former  settlements  shall  be  defeated  l JJass.’  201! 


and  lost. 


10  Mass.  413. 

11  Mass.  441. 


12  Mass.  363. 

15  Mass.  257. 

2 Pick.  28,  572. 
9 Pick.  55. 

24  Pick.  164. 

13  Met.  192. 

6 Cush.  61,  320. 
13  Gray,  589. 


[An  Act  relating  to  the  settlement  and  relief  of  persons  who  st.  i865,c.  230. 

have  served  in  the  Army  and  Navy  of  the  United  States. 

1.  Any  person  who  shall  have  been  duly  enlisted  and  settlement, 
mustered  into  the  military  or  naval  service  of  the  United  ^ mSryor 
States,  as  a part  of  the  quota  of  any  city  or  town  in  this  Com-  “^dal§Sjrvice* 
monwealth,  under  any  call  of  the  President  of  the  United  g.  s.  c.  go,  70. 
States,  during  the  recent  civil  war,  and  who  shall  have  contin-  G-s,Ci  71» §4 
ued  in  such  service  for  a term  not  less  than  one  year,  or  who 
shall  have  died  or  become  disabled  from  wounds  or  disease  re- 
ceived or  contracted  while  engaged  in  such  service,  or  while  a 
prisoner  in  the  hands  of  the  enemy,  and  the  wife  or  widow  and 
minor  children  of  such  person,  shall  be  deemed  thereby  to  have 
acquired  a settlement  in  such  city  or  town ; and  all  the  rights, 
duties  and  liabilities  pertaining  to  such  settlement,  as  set  forth 
in  chapters  sixty-nine  and  seventy  and  in  section  forty-nine  of 
chapters  seventy- one  of  the  General  Statutes,  shall  attach  there- 
to, provided  such  person  was,  at  the  time  of  his  enlistment,  of 
the  age  of  twenty-one  years,  an  inhabitant  of  said  city  or  town, 


1 June  1,  1860,  when  the  General  Statutes  began  to  be  in  force. 


60 


LAWS  AND  ORDINANCES. 


Town  to  furnish 
relief  to  per- 
sons and  their 
families  in  need 
who  have 
served  in  mili- 
tary service  as 
part  of  quota  of 
such  town. 

1865,  230,  § 2. 

G.  S.  69,  70. 

G.  S.  71,  § 36. 


Act  not  to  apply 
to  persons  who 
have  received 
bounty  from 
more  than  one 
town,  unless, 
&c.  or  who 
have  deserted. 
1865,  230,  § 3. 


and  had  resided  therein  for  six  months  next  previous  to  the  time 
of  his  being  mustered  into  said  service. 

2.  Any  person  enlisted,  mustered  and  serving  as  a part 
of  the  quota  of  any  city  or  town  as  set  forth  in  the  first  sec- 
tion of  this  act,  but  who  shall  not  be  entitled  to  a settlement 
therein  by  reason  of  the  want  of  age  or  residence  required  by 
said  section,  shall,  nevertheless,  be  entitled  for  himself,  his  wife 
or  widow,  and  minor  children,  to  relief  and  support  in  such  city 
or  town,  if  at  any  time  they  should  fall  into  distress  therein,  or 
stand  in  need  of  such  relief  or  support ; and  such  city  or  town 
shall  not  send  such  person,  nor  his  wife  or  widow,  nor  his  minor 
children,  to  any  State  almshouse  nor  remove  them  to  any  other 
place  nor  recover  the  expenses  of  their  relief  or  support  from 
any  other  city  or  town  nor  receive  the  same  from  the  Common- 
wealth ; and  if  any  city  or  town  shall  cause  any  such  person,  so 
entitled  to  relief  therein,  to  be  sent  to  any  State  almshouse  or 
removed  to  any  other  place,  such  city  or  town  shall  be  liable  in 
an  action  of  tort  for  all  expenses  of  their  relief  and  support 
thereafter  incurred  in  such  almshouse  or  by  any  other  city 
or  town. 

But  otherwise  than  as  above  provided,  said  city  or  town  shall 
not  be  liable  to  any  other  city  or  town,  nor  to  the  Common- 
wealth, for  the  expenses  of  any  relief  or  support  furnished  to 
such  person,  or  to  his  wife,  widow  or  minor  children,  in  such 
other  place,  or  in  any  State  almshouse. 

3.  The  provisions  of  this  act  shall  not  apply  to  any  per- 
son who  shall  have  enlisted  and  received  a bounty  for  such 
enlistment,  in  more  than  one  town,  unless  the  second  enlistment 
was  made  after  an  honorable  discharge  from  the  first  term  of 
service,  nor  to  any  person  who  shall  have  been  guilty  of  wilful 
desertion,  or  who  shall  have  left  the  service  otherwise  than  by 
reason  of  disability  or  an  h^orable  discharge. 

Approved  May  13,  1865.] 

DEAD  BODIES.1 

92.  The  Overseers  of  the  Poor  of  a town,  the  mayor  and 


Overseers  of 
poor,  &c.  to 


Laws  and  Ordinances  (1863),  p.  301. 


LAWS  AND  ORDINANCES. 


61 


aldermen  of  a city,  and  the  inspectors  and  superintendent  of  a give  dead 
State  almshouse,  may,  to  any  physician  or  surgeon,  upon  his  phyllcilns in 
request,  give  permission  to  take  the  bodies  of  such  persons  ^ryli"-.ca^e13, 
dying  in  such  town,  city,  or  almshouse,  as  are  required  to  he 
buried  at  the  public  expense,  to  be  by  him  used  within  the 
State  for  the  advancement  of  anatomical  science ; preference 
being  given  to  medical  schools  established  by  law,  for  their  use 
in  the  instruction  of  students. 

93.  Every  physician  or  surgeon,  before  receiving  any  such  physicians,  &c. 
dead  body,  shall  give  to  the  board  of  officers  surrendering  the 

J 7 o o receiving  a dead 

same  to  him  a sufficient  bond  that  each  body  shall  be  used  only  body- 

/ . . J Ibid.  § 2. 

for  the  promotion  of  anatomical  science  within  this  State,  and 
so  as  in  no  event  to  outrage  the  public  feeling ; and  that,  after 
having  been  so  used,  the  remains  thereof  shall  be  decently 
buried. 


94.  Persons  having  charge  of  a poorhouse,  workhouse,  or  persons  having 
house  of  industry,  in  which  a person  required  to  be  buried  at  houses 0&c°to 
the  public  expense  dies,  shall  forthwith  give  notice  of  such  death  give  notice  of 
to  the  Overseers  of  the  Poor  of  the  town  or  to  the  mayor  and  ibid.  § 3. 
aldermen  of  the  city  in  which  such  death  occurs ; and  except  in 
case  of  necessity,  the  body  of  such  person  shall  not  be  buried 
until  such  notice  is  given,  and  permission  therefor  granted  by 
such  overseers  or  mayor  and  aldermen  ; nor  without  their  per- 
mission shall  the  body  be  surrendered  for  dissection  or  mutila- 
tion. 


95.  If  the  deceased  person  during  his  last  sickness,  of  his  when  dead 
own  accord,  requested  to  be  buried,  or  if,  within  twenty-four  ^ begiVenTo* 
hours  after  his  death,  any  person,  claiming  to  be,  and  satisfying  j^sigians>  &c' 
the  proper  authorities  that  he  is  a friend  or  of  kindred  to  the 
deceased,  asks  to  have  the  body  buried,  or  if  such  deceased  per- 
son was  a stranger  or  traveller,  who  suddenly  died,  the  body 

shall  not  be  so  surrendered,  but  shall  be  buried. 

96.  Whoever  not  being  authorized  by  the  Board  of  Health  j Violation  of 

Overseers  of  the  Poor,  directors  of  a workhouse,  selectmen,  or  penaity^for. 
mayor  and  aldermen  of  any  city  or  town,  by  the  Board  of  37, 

Directors  for  Public  Institutions,  Overseers  of  the  Poor  of  the  19  Pick.  304. 
city  of  Boston,  wilfully  digs  up,  disinters,  removes,  or  conveys 


62 


LAWS  AND  ORDINANCES. 


G.  S.  165,  § 37. 


Buying  or  hav- 
ing dead  body 
for  the  purpose 
of  sale,  &c. 
penalty  for. 
Ibid.  § 38. 


Directors  of 
house  of  indus- 
try to  be 
chosen : their 
powers  and 
duties. 


1822,  56,  §§  1,  2. 


Powers  and 
duties  of  the 
directors  as  to 
binding  out 
children. 

1826,  c.  111. 


away,  any  human  body,  or  the  remains  thereof,  or  knowingly 
aids  in  such  disinterment,  removal,  or  conveying  away,  and 
whoever  is  accessory  thereto,  either  before  or  after  the  fact, 
shall  be  punished  by  imprisonment  in  the  State  Prison  not  ex- 
ceeding one  year,  or  in  the  jail  not  exceeding  two  years,  or  by 
fine  not  exceeding  two  thousand  dollars. 

97.  Whoever  buys,  sells,  or  has  in  his  possession  for  the 
purpose  of  buying  or  selling,  or  trafficking  in,  the  dead  body  of 
any  human  being,  shall  be  punished  by  fine  of  not  less  than 
fifty  nor  exceeding  five  hundred  dollars,  or  by  imprisonment  in 
the  jail  not  less  than  three  months,  nor  exceeding  three  years. 

HOUSE  OF  INDUSTRY.1 

98.  The  house  of  industry  that  was  located  in  that  part  of 
the  city  called  South  Boston,  was  completed  in  1822  ; 2 and  by 
a special  act  of  the  legislature,  passed  February  3,  1823,  the 
city  council  were  authorized  to  choose  nine  directors  of  the  house 
of  industry,  who  “ should  have  and  exercise  the  like  authority 
and  power  in  using,  regulating,  and  governing  said  house  of 
industry  as  are  had  and  exercised  by  overseers  of  the  poor 
within  this  commonwealth,  and  may  send  such  persons  to  said 
house  and  for  such  purposes  as  overseers  of  the  poor  are  by  law 
authorized  to  do.”  3 

99.  By  an  act  passed  March  5,  1827,  it  was  further  pro- 
vided that  the  directors  of  the  house  of  industry  in  the  city  of 
Boston  should  have  and  exercise  all  the  powers  and  perform  all 
the  duties  relative  to  paupers, yand  the  binding  out  of  children 
and  other  persons  committed  to  said  house  of  industry  for  sup- 
port, as  the  Overseers  of  the  Poor  of  the  several  towns  in  this 


1 Laws  and  ordinances  (1863),  p.  372. 

2 The  house  of  industry  was  removed  from  South  Boston  to  Deer  Island,  in 
November,  1853. 

3 For  the  general  powers  and  duties  of  overseers  of  the  poor  relating  to  the 
support  of  paupers  and  the  binding  out  of  children,  see  Paupers , ante , p.  24. 
For  their  powers  in  the  city  of  Boston,  and  their  duties  as  a corporate  body  to 
hold  and  manage  trust  funds,  see  the  Statutes  and  Ordinance  relating  to  the 
overseers  of  the  poor  of  said  city,  post.  See  also  Gen.  Sts.  cc.  70,  111. 


LAWS  AND  ORDINANCES. 


63 


Commonwealth  had  and  exercised  in  relation  to  paupers  and  1826,  in. 
the  binding  out  of  children  and  other  persons  under  and  by 
virtue  of  the  several  laws  of  this  Commonwealth ; and  all  acts 
of  said  directors  should  impose  the  same  duties,  liabilities,  and 
obligations  in  all  judicial  tribunals,  on  the  city  of  Boston  afore- 
said, and  on  the  several  towns  and  individuals  of  this  Common- 
wealth as  the  same  acts  would  impose  if  done  and  performed 
in  the  same  manner  by  the  overseers  of  the  poor  of  the  several 
towns  in  this  Commonwealth.1 

100.  By  the  act  of  February  3,  1823,  before  mentioned  in  police  court 
section  ninety-eight,  it  was  provided  that  the  justices  of  the  houseoT ^ t0 
police  court  in  the  city  of  Boston  should  have  and  exercise  J^8gJyg  3 
the  like  authority  and  power,  in  ordering  commitments  to  said 

house  of  industry,  as  were  vested  in  justices  of  the  peace  as 
to  commitments  to  houses  of  correction,  according  to  the  pro-  1737, 54,  § 1. 
visions  of  “ An  act  for  suppressing  and  punishing  rogues,  vaga- 
bonds, common  beggars,  and  other  idle,  disorderly,  and  lewd 
persons,”  passed  March  26,  1788.2 * * 

101.  An  act  passed  April  4,  1860,  concerning  imprison- police  court 
ment  in  the  county  of  Suffolk,  provides  that  in  all  cases  in  which  [2^? sentence 
the  police  court  of  the  city  of  Boston  is  authorized  to  sentence  tobouseof 

industry. 

to  imprisonment  in  the  house  of  correction  or  county  jail,  or  i860,  m. 
commitment  thereto  for  non-payment  of  fine  and  costs,  said 
court  may  instead,  at  their  discretion,  sentence  to  imprisonment 
in  the  house  of  industry  for  the  city  of  Boston,  or  commitment 
thereto. 

102.  The  directors  were  required  to  make  an  annual  report  Directors  to 
to  the  city  council  of  the  inmates  and  the  expenses,  and  that  the  tTbe B* 
rules  and  orders  for  the  governing  and  managing  the  house  of  aPProvedby 

0 0 . city  council. 

industry  should  be  approved  by  the  city  council.  1822, 56,  §§4,5,6. 

103.  By  an  act  passed  March  16,  1833,  the  city  council  Directors  of 
were  empowered,  whenever  they  deemed  it  expedient,  to  appoint,  ^Xyt^ 
by  concurrent  ballot  in  each  board,  a sufficient  number  of  per- be  cbosen- 

J 9 1 1833,  126,  § 1. 

1 See  note  3 on  preceding  page. 

2 For  the  authority  of  the  justices  of  the  several  courts  to  commit  offenders 

to  the  house  of  industry,  see  Houses  of  Correction  and  Jails.  Laws  and 

Ordinances  (1863),  p.  336. 


64 


LAWS  AND  ORDINANCES. 


1833,  126,  $ 1. 


Vacancies  to  be 
filled. 

Ibid.  § 4. 

Superintendent 
and  other 
officers. 


Recovery  of 
expenses  for 
the  support  of 
paupers. 

1824,  28,  § 1. 

1 Allen,  25. 


Powers  duties, 
&c.,  transferred 
to  new  board 
of  directors. 
1857,  35,  §§  1-10. 


sons,  not  exceeding  twelve,1  a majority  of  whom  should  consti- 
tute a quorum  for  the  transaction  of  business,  to  be  directors  of 
the  house  of  industry  in  the  said  city,  who  should  hold  their 
office  for  the  term  of  one  year,  and  until  others  were  appointed 
in  their  place;  and  said  city  council  were  further  empowered, 
in  like  manner  to  fill  all  vacancies  which  might  occur  in  said 
board  of  directors  during  the  year  for  which  it  was  appointed. 
And  said  directors  might  appoint  a superintendent,  and  any  other 
officers  necessary  for  the  government  of  said  house,  and  should 
have  all  the  powers,  and  be  subject  to  all  the  duties  prescribed 
to  said  board  by  virtue  of  the  several  acts  to  which  it  was  in  ad- 
dition. 

104.  By  an  act  passed  June  12,  1824,  it  was  provided  that 
the  city  of  Boston  should  be  entitled  to  the  same  remedies  in 
order  to  recover  the  expenses  of  supporting  any  poor  person 
maintained  in  the  house  of  industry  of  said  city  that  towns  in 
this  Commonwealth  were  entitled  to  for  the  recovery  of  the 
expenses  of  persons  for  whom  support  or  relief  was  provided 
by  overseers  of  the  poor,  or  under  their  direction.2 

105.  The  provisions  contained  in  sections  ninety-eight 
and  one  hundred  and  three,  relating  to  the  choice  of  direc- 
tors for  the  management  of  the  house  of  industry,  and  the 
provisions  in  section  one  hundred  and  two,  relating  to  reports 
of  the  directors  and  rules  and  orders,  are  superseded  by  other 
provisions  contained  in  an  act  passed  March  28,  185 7, 3 whereby 
all  the  public  institutions  in  the  city  of  Boston,  viz  : the  houses 

1 The  act  of  1822,  c.  56,  limited  the  number  of  directors  to  nine.  See  § 98  in 
the  text.  Laws  and  Ordinances  (1863),  pp.  367-369,  §§  107-113. 

2 For  the  recovery  of  expenses  for  support  of  paupers,  see  Paupers , ante , 
p.  24.  In  case  inmates  of  the  house  of  industry  die,  for  the  notice  to  be  given 
and  the  disposition  of  the  bodies,  see  ante , §§  92-97. 

3 For  the  Act  of  March  28,  1857,  c.  35,  and  another  Act  relating  to  the  pub- 
lic institutions,  passed  March  27,  1858,  c.  112,  see  Houses  of  Correction  and 
Jails , Laws  and  Ordinances  (1863),  pp.  367-369,  §§  107-113. 

For  the  Ordinance  of  the  city  relating  to  the  public  institutions,  see  Laws 
and  Ordinances  (1863),  pp.  369-372. 

For  matters  relating  to  the  house  of  reformation  and  lunatic  hospital,  see 
House  of  Reformation , Laws  and  Ordinances  (1863),  p.  376,  and  Lunatic 
Hospital,  p.  329. 


LAWS  AND  ORDINANCES. 


65 


of  industry  and  reformation,  the  lunatic  hospital,  and  the  house 

of  correction  for  the  county  of  Suffolk,  were  placed  under  the 

control  of  one  board,  to  be  styled  “ The  Board  of  Directors  for 

Public  Institutions,”  and  to  have  all  the  authority  and  powers,  Their  powers 

and  to  be  subject  to  all  the  duties  now  conferred  and  imposed  35**5  i-io_ 

by  virtue  of  existing  statutes,  respectively,  upon  the  directors 

of  the  houses  of  industry  and  reformation  and  the  overseers  of 

the  house  of  correction,  together  with  such  other  powers  and 

duties  in  connection  with  the  lunatic  hospital  as  the  city  council 

may  provide. 


FINES. 

106.  One  half  of  the  fines,  for  livery  stables  within  one  FineB  to  the 
hundred  and  seventy  feet  of  a church  (St.  1810,  c.  124,  § 2)  ; 
for  keeping  or  selling  gunpowder,  &c.  contrary  to  law,  when 
an  engineer  of  the  fire  department  is  a witness  on  the  trial  of  1799, 31,  § 8. 
the  prosecution  (St.  1837,  c.  99,  § § 1 and  2)  ; for  acting  as 
a porter  without  license  (St.  1741,  § § 2 and  3)  ; and  for  ob- 
structing streets,  &c.  (St.  1799,  c.  31,  § 8)  goes  to  the  use  of 
the  poor.1 


SALES  OF  LAND  BY  GUARDIANS. 

107.  No  license  shall  be  granted  to  a guardian  except  in  when  over 
case  of  minors,  unless  the  Overseers  of  the  Poor  of  the  place  ^assentf001 
where  the  ward  is  an  inhabitant  or  resides  certify  in  writing  G- s*  102»  $ 38, 
their  approbation  thereof. 

[An  Act  in  relation  to  State  charitable  and  correctional 

fell*  lcuo,  C|  210. 

institutions. 

1.  The  Governor,  with  the  advice  and  consent  of  the  coun-  Board  of  state 
cil,  shall  appoint  five  persons  who,  together  with  the  general  ^p. 

agent  and  secretary  hereinafter  mentioned,  shall  constitute  the  pomtments,  &c. 

0 ^ 1863, 240,  § 1, 

board  of  State  charities.  One  of  the  persons  so  appointed  g.  s.  c.  71. 
shall  hold  office  for  one  year ; one  of  them  for  two  years  and 
one  for  three  years ; one  for  four  years  and  one  for  five  years 


^aws  and  Ordinances  (1863),  pp.  89,  236,  472,  702. 
9 


66 


LAWS  AND  ORDINANCES. 


General 
agent,  duties, 

8c  c. 

1863,  240,  § 2. 
G.S.  c.  71,72, 73. 


Secretary 
duties,  &c. 
1863,  240,  § 3. 
G.  S.  C.  21,  71. 
1862,  c.  112. 


unless  sooner  removed.  Appointments  to  fill  vacancies,  caused 
by  death,  resignation  or  removal  before  the  expiration  of  terms, 
may  be  made  for  the  residue  of  such  terms  by  the  Governor 
and  council ; and  all  appointments  to  fill  vacancies  caused  by 
expiration  of  terms  shall  be  made  in  the  same  manner. 

2.  The  Governor,  with  the  advice  and  consent  of  the  coun- 
cil, shall  appoint  some  suitable  person  as  general  agent  of  State 
charities,  who  shall  hold  his  office  for  three  years,  unless  sooner 
removed.  He  shall  be  a member  of  the  board  of  State  chari- 
ties, ex  officio , and  shall,  subject  to  the  control  and  direction  of 
the  said  board,  oversee  and  cohduct  its  out-door  business,  espe- 
cially the  examination  of  paupers  and  lunatics,  to  ascertain  their 
places  of  settlement  and  means  of  support,  or  who  may  be  re- 
sponsible therefor ; the  removal  of  paupers  and  lunatics  to  their 
usual  homes ; the  prosecution  of  cases  of  settlement  and  bas- 
tardy ; the  collection  of  emigrant  head-money ; and  the  bond- 
ing of  suspicious  persons  ; and  all  and  singular  the  duties  now 
devolved  by  law  upon  the  superintendent  of  alien  passengers 
for  the  city  of  Boston. 

3.  The  Governor,  with  the  advice  and  consent  of  the  coun- 
cil, shall  appoint  some  suitable  person  to  be  secretary  of  the 
board  of  State  charities.  He  shall  hold  his  office  three  years, 
unless  sooner  removed.  He  shall  keep  an  accurate  record  of  the 
proceedings  of  the  board  and  shall  perform  such  clerical  service 
as  they  may  require.  He  shall,  under  the  direction  and  control  of 
the  board,  examine  the  returns  of  the  several  cities  and  towns  in 
relation  to  the  support  of  paupers  therein,  and  in  relation  to  births, 
deaths  and  marriages,  and  he  shall  prepare  a series  of  inter- 
rogatories to  the  several  institutions  of  charity,  reform  and  cor- 
rection, supported  wholly  or  in  part  by  the  Commonwealth,  or 
the  several  counties  thereof,  with  a view  to  illustrate  in  his 
annual  report  the  causes  and  best  treatment  of  pauperism,  crime, 
disease  and  insanity.  He  shall  also  arrange  and  publish  in  his 
said  report  all  desirable  information  concerning  the  industrial 
and  material  interests  of  the  Commonwealth,  bearing  upon  these 
subjects,  and  shall  have  free  access  to  all  reports  and  returns 
now  required  by  law  to  be  made ; and  he  may  also  propose 


LAWS  AND  ORDINANCES. 


r,  7 


such  general  investigations  as  may  be  approved  by  the  board.  1803,240,  §3. 
He  shall  be  paid,  annually,  the  sum  of  two  thousand  dollars  and  compensation 
his  actual  travelling  expenses. 

4.  The  board  of  State  charities  shall  be  provided  with  Bo,ir  ] 
suitable  rooms  in  the  State  House.  They  shall  hold  meetings  to  have  r,,om* 

. 1 at  State  House, 

on  the  first  Wednesday  of  every  month.  They  may  make  such  make  rules, 
rules  and  orders  for  the  regulation  of  their  own  proceedings  as  supervise*6  aDd 
they  mav  deem  necessary.  They  shall  investigate  and  supervise  878tem  of  pu1> 
the  whole  system  of  the  public  charitable  and  correctional  insti-  transfer  pau- 
tutions  of  the  Commonwealth,  and  shall  recommend  such  changes  make  pur* 
and  additional  provisions  as  they ‘may  deem  necessary  for  their  ibfd.e§4&C 
economical  and  efficient  administration.  They  shall  have  full  J?'  ll' f L 

J Cr.  0.  7o,  § 2©. 

power  to  transfer  pauper  inmates  from  one  charitable  institution 
or  lunatic  hospital  to  another,  and  for  this  purpose  to  grant 
admittances  and  discharges  to  such  pauper  inmates,  but  shall 
have  no  power  to  make  purchases  for  the  various  institutions. 

They  shall  receive  no  compensation  for  their  services  except  compensation 
their  actual  travelling  expenses,  which  shall  be  allowed  andexceptfor 

0 r 7 expenses. 

paid. 


5.  The  board  of  State  charities  shall  annually  prepare  and  To  prepare  and 
print  for  the  use  of  the  legislature  a full  and  complete  report  por^muaiiy. 
of  all  their  doings  during  the  year  preceding,  stating  fully  and  1863>2i°»§5. 
in  detail  all  expenses  incurred,  all  officers  and  agents  employed, 

with  a report  of  the  secretary  and  general  agent,  embracing  all 
the  respective  proceedings  and  expenses  during  the  year,  and 
showing  the  actual  condition  of  all  the  State  institutions  under 
their  control,  with  such  suggestions  as  they  deem  necessary  and 
pertinent. 

6.  The  board  of  commissioners  in  relation  to  alien  passen-  0fficeofcom. 
gers  and  State  paupers,  and  the  office  of  superintendent  0f  missionf  rs\  and 

0 1 1 7 1 superintendent 

alien  passengers  in  the  city  of  Boston  are  hereby  abolished,  and  of  alien  pas- 

1 , . -ill  i ~ ill-  senders  abol- 

the  duties  now  required  by  law  to  be  performed  by  the  meum- ished, and  duties 
bents  of  said  offices  shall  be  performed  by  the  secretary  and  s^rSary111*41 
general  agent  herein  provided  for,  subject  to  the  control  and  ^n“e^ecral 
direction  of  the  board  of  State  charities.  No  compensation  ibid.  § 6. 
shall  be  allowed  for  this  service  except  actual  travelling  ex- 
penses. 


LAWS  AND  ORDINANCES. 


68 


Compensation 
of  general 
agent.  Assist- 
ants of  secre- 
tary and  agent 
may  be 
employed,  &c. 
1863, 240,  § 7. 


Secretary  and 
agent  to  give 
bond. 

Ibid.  § 8. 


7.  The  general  agent  shall  be  paid  annually  the  sum  of  two 
thousand  dollars  in  full  for  all  his  services,  and  his  actual 
travelling  expenses.  The  general  agent  and  secretary,  subject 
to  the  approval  of  the  board,  may  employ  such  assistants,  and 
incur  such  expenses  as  they  may  deem  necessary,  within  the 
limits  of  the  annual  appropriations  ; and  the  balance  of  appropria- 
tions already  made  for  the  alien  commissioners  and  the  superin- 
tendent of  alien  passengers,  remaining  unexpended  on  the  first 
day  of  October,  eighteen  hundred  and  sixty-three,  shall  be  held 
subject  to  the  requirements  of  the  board. 

8.  The  secretary  and  general  agent  shall  respectively  give 
bond  to  the  treasurer  of  the  Commonwealth,  with  sufficient 
sureties,  for  the  faithful  performance  of  their  duties,  in  such  sums 
as  may  be  required  in  their  commissions. 


Expense  of  9.  The  expenses  of  the  lunatic  hospitals  for  the  support  of 

support  of  State  # 1 * ri 

lunaticpaupers,  lunatics  not  having  known  settlements  in  this  State  committed 
at  what 'rate!  thereto,  shall  be  paid  by  the  Commonwealth  at  the  same  rates 
g^s  73  charged  for  other  lunatics  residing  therein,  not  exceeding  two 
1862, 223,  § u.  dollars  and  twenty-five  cents  a week  for  each  lunatic.1 

1864,  138. 

10.  All  acts  and  parts  of  acts  inconsistent  with  this  act  are 

Repeal.  A 

1863, 240,  § io.  hereby  repealed. 


when  act  takes  H*  This  act,  so  far  as  the  appointment  of  officers  under  it 
effect.  is  concerned,  shall  take  effect  upon  its  passage  ; and  for  all  other 

purposes,  on  the  first  day  of  October  in  the  year  one  thousand 
eight  hundred  and  sixty-three. 

Approved  April  29,  18 63.] 2 


1 Ante , p.  49. 

2 For  further  provisions  in  regard  to  the  board  of  State  charities,  see 
“ An  Act  relating  to  insane  persons  and  lunatic  hospitals.”  St.  1864,  c. 
288;  also,  ante,  p.  37. 


A DIGEST 

OF 

DECISIONS  OF  THE  SUPREME  JUDICIAL 
COURT  OF  MASSACHUSETTS, 


RELATING  TO 


OVERSEERS  OF  THE  POOR  AND  PAUPERS 

180 4-1865. 1 


1 From  the  Supplement,  published  in  1866,  to  the  “Laws  and  Ordinances,” 
revised  in  1863. 


A DIGEST  OF  DECISIONS 


APPRENTICES. 

1.  Under  St.  1793,  c.  59,  § 4,  (Gen.  Sts.  c. 
Ill,  §§  4,  5,)  which  provides  that  in  certain 
cases  male  children  may  be  bound  out  as 
apprentices  by  the  overseers  of  the  poor 
“ until  they  come  to  the  age  of  twenty-one 
years,”  the  overseers  are  not  authorized  to 
bind  out  a male  child  to  serve  as  an  appren- 
tice until  he  shall  he  twenty  years  of  age. 
Reidell  v.  Cong  don,  16  Pick.  44  (1834). 

2.  The  same  statute  requires  that  in  inden- 
tures of  apprenticeship  by  overseers  of  the 
poor,  provision  shall  be  made  for  instructing 
the  male  children  “ to  read,  write,  and  cipher” 
and  “ for  such  other  instruction,  benefit  and 
allowance,  either  within  or  at  the  end  of  the 
term,  as  to  the  overseers  may  seem  fit  and 
reasonable.”  It  was  held,  that  an  indenture 
in  which  the  master  merely  covenanted  to 
give  the  apprentice  “ the  privilege  of  all  the 
town  school  usually  taught  in  the  town  ” was 
void.  Ib. 

3.  An  indenture  of  apprenticeship  entered 
into  by  overseers  of  the  poor,  which  does  not 
contain  a provision  for  the  instruction  of  the 
minor  in  reading,  &c.  pursuant  to  the  statutes, 
is  void  in  regard  to  all  the  parties.  Butler  v. 
Hubbard,  5 Pick.  250  (1828). 

4.  The  covenants  in  an  indenture  of  ap- 
prenticeship that  the  apprentice  shall  serve, 
and  that  the  master  shall  instruct  him  and 
provide  for  him,  are  independent;  so  that  if 
the  apprentice,  by  reason  of  incurable  illness, 
becomes  unable  to  learn  his  master’s  trade, 
or  to  perform  the  stipulated  services,  the 
master  cannot  of  his  own  authority  put  an 
end  to  the  contract.  Powers  v.  Ware,  2 Pick. 
451  (1825). 

5.  So  if  the  apprentice  steal  his  master’s 
goods.  Ib. 

6.  The  selectmen  of  a town,  who  were  ex 
officio  overseers  of  the  poor,  no  persons  having 
been  especially  chosen  overseers,  bound  out 
a child  as  an  apprentice,  by  an  indenture 
wherein  they  designated  themselves  simply  as 


selectmen.  It  was  held,  that  the  indenture 
was  valid  ; and  an  action  brought  upon  it  by 
overseers  of  the  poor  was  sustained.  Powers 
v.  Ware,  2 Pick.  451  (1825). 

7.  Where  the  master  cut  out  his  signature 
from  the  indenture,  by  permission  of  one 
only  of  the  selectmen,  it  was  held,  that  he  was 
not  discharged  of  the  contract,  lb. 


OVERSEERS  OF  THE  POOR. 

1 . In  the  year  1772  the  overseers  of  the  poor 
of  Boston  were  incorporated  by  the  legisla- 
ture. The  act  of  1822,  changing  the  town 
of  Boston  to  a city,  continued  this  corpora- 
tion, and  did  not  dissolve  or  suspend  it.  Bos- 
ton v.  Sears,  22  Pick.  122  (1839). 

2.  It  was  held,  also,  that  the  overseers  of  the 
poor  of  Boston  were  by  their  incorporation 
constituted  an  aggregate  corporation,  with 
perpetual  and  continued  succession;  that  a 
grant  to  them  of  real  estate  would  have  car- 
ried a fee  without  being  to  their  successors  ; 
and  that,  in  a writ  of  right,  they  could  count 
only  on  their  own  seisin  within  thirty  years 
next  before  the  commencement  of  the  action. 
lb. 

3.  Where  overseers  of  the  poor,  upon  the 
decease  of  a pauper,  take  possession  of  his 
effects,  pursuant  to  St.  1817,  c.  186,  § 6,  (Gen. 
Sts.  c.  70,  § 21,)  and  administration  is  not 
taken  out  within  thirty  days  from  his  decease, 
they  may  sell  so  much  of  the  property  as 
shall  be  necessary  to  repay  the  expenses  in- 
curred for  such  pauper,  notwithstanding  the 
appointment  of  an  administrator  before  the 
sale  takes  place.  Haynes  v.  Wells,  6 Pick. 
462  (1828). 

4.  In  an  action  by  the  administrator  of  a 
pauper  against  the  overseers,  to  recover  the 
value  of  articles  fairly  sold  by  auction  pursu- 
ant to  that  statute,  and  purchased  by  one  of 
the  overseers  himself,  the  sale  was  held  to  be 
valid.  Ib. 


DIGEST  OF  DECISIONS. 


2 


5.  A pauper  having  a settlement  in  a town 
in  this  commonwealth,  cannot  lawfully  be  car- 
ried by  the  overseers,  against  his  will,  to  a 
place  without  the  Commonwealth,  to  be  there 
supported.  Westfield  v.  Southwick,  17  Pick. 
68  (1835). 

6.  If  the  municipal  authorities  of  a town 
have  provided  supplies  for  distribution  among 
those  out  of  the  almshouse  who  need  relief, 
upon  orders  of  the  overseers  of  the  poor,  and 
have  given  notice  thereof  to  the  overseers,  the 
latter  have  no  authority  to  contract  debts  in 
behalf  of  the  town  for  the  support  of  the 
poor ; and  one  who,  having  knowledge  of  the 
facts,  furnishes  supplies  to  persons  settled 
in  such  town  upon  orders  of  the  overseers, 
cannot  maintain  an  action  against  the  town  to 
recover  for  the  same.  Ireland  v.  Newbury- 
port,  8 Allen,  73  (1864). 

7.  The  admission  of  overseers  of  the  poor, 
in  a binding-out  indenture,  that  a certain  pau- 
per is  chargeable  to  their  town,  and  their  acts 
in  paying  bills  to  other  towns  for  his  support, 
are  not  admissible  in  evidence  against  the 
town  in  a litigation  growing  out  of  subse- 
quent acts,  for  the  purpose  of  showing  that  he 
and  his  descendants  have  their  settlement 
therein.  In  performing  these  duties,  they  act 
as  public  officers,  and  not  as  agents  of  the 
town.  New  Bedford  v.  Taunton,  9 Allen, 
207  (1864).  And  see  Paupers,  272. 

8.  A committee  appointed  by  a town  to  au- 
dit the  accounts  of  the  overseers  of  the  poor, 
and  to  demand  and  receive  from  them  the 
books  of  account  belonging  to  the  town,  held 
by  the  overseers  in  their  official  capacity,  have 
no  such  property  in  the  books  as  will  author- 
ize them  to  apply  in  their  own  names  for  a 
mandamus  to  compel  the  surrender  of  the 
books.  Bates  v.  Plymouth , 14  Gray,  163 
(1859). 


PAUPERS. 

I.  What  constitutes  a Pauper,  and  who 

CAN  ACQUIRE  A SETTLEMENT. 

II.  Settlement  op  Paupers  ; How  ac- 
quired or  LOST. 

(а)  By  Approbation,  and  not  being  warned 
out. 

(б)  By  Derivation. 

( c ) By  living  on  a Freehold  Estate,  &c. 

( d ) By  having  an  Estate,  &c.,  and  being 
assessed  therefor. 

( e ) By  serving  as  a Town  Officer,  or  being 
an  Ordained  Minister. 

( f)  By  Incorporation  or  Division  of  Towns. 

( g ) By  Residence  and  paying  Taxes. 

(h)  How  prevented  by  being  relieved  as  a 
Pauper. 

(i)  How  lost,  when  once  acquired. 


III.  Actions  for  supporting  Paupers. 

(a)  Against  the  Pauper’s  Kindred. 

( b ) By  Individuals  against  Towns. 

(c)  By  Towns  against  Individuals. 

(d)  By  Towns  against  Towns. 

(1)  When  and  for  what  the  Action  will 
lie;  and  of  the  Pleadings , Evidence,  and 
Trial. 

(2)  Of  the  Notice. 

(3)  Estoppel. 

IY.  Removal  of  Paupers. 

V.  Penalty  for  bringing  a Pauper  into  a 

Town. 

VI.  Lunatic  Paupers  and  State  Paupers. 

I.  What  constitutes  a Pauper,  and  who 

can  acquire  a Settlement. 

1.  The  word  “ pauper”  has  long  been  un- 
derstood to  designate  persons  receiving  aid 
and  assistance  from  the  public,  for  themselves 
or  their  families,  under  the  provisions  made  by 
law  for  the  support  and  maintenance  of  the 
poor.  Opinion  of  the  Justices,  11  Pick.  540 
(1832). 

2.  Where  a person  who  had  been  supported 
by  his  town  as  a pauper,  had  bodily  health 
and  strength,  though  of  small  mental  capacity, 
and  was  able  to  earn  more  than  enough  to 
support  himself,  and  had  found  an  employer, 
it  was  held,  that  he  was  no  longer  a pauper ; 
and  consequently,  where  the  town  made  a 
contract  with  the  plaintiffs,  that  they  should 
take  care  of  all  the  paupers  belonging 
to  the  town,  and  be  entitled  to  their  services, 
it  was  held,  that  they  were  not  entitled  to  the 
services  of  the  person  above  described.  Wil- 
son v.  Brooks,  14  Pick.  341  (1833). 

3.  In  an  action  between  two  towns  to  re- 
cover the  amount  of  expenses  incurred  by  the 
plaintiff  town  in  relieving  a person  ivhose 
settlement  was  in  the  defendant  town,  the  fact 
that  such  person  might  by  going  a short  dis- 
tance have  obtained  of  his  debtor  as  much 
money  as  was  expended  for  his  relief,  was 
held  not  to  be  conclusive  evidence  that  he 
was  not  a pauper.  Sturbridgew  Holland,  11 
Pick.  459  (1831).  See  Paris  v.  Hiram,  12 
Mass.  262 ; Groveland  v.  Medford,  1 Allen, 
23  (post,  268). 

4.  A revolutionary  pensioner,  who  was  very 
old  and  infirm,  and  had  no  property  other  than 
his  wearing  apparel  and  his  pension,  which 
was  $ 96  a year,  was  held  to  be  a pauper  in 
the  case  of  Fiske  v. Lincoln,  19  Pick.473(1837). 

5.  Persons  who  reside  on  lands  purchased 
by  or  ceded  to  the  United  States  for  navy 
yards,  forts,  and  arsenals,  where  there  is  no 
other  reservation  of  jurisdiction  to  the  state 


4 


DIGEST  OF  DECISIONS. 


73 


than  that  of  a right  to  serve  civil  and  criminal 
process  on  such  lands,  do  not  gain  a settlement 
in  the  towns  in  which  the  lands  are  situated, 
for  themselves  or  their  children,  by  residence 
for  any  length  of  time  on  such  lands.  Opinion 
of  the  Justices,  1 Met.  580  (1841). 

6.  Indians,  residing  within  the  limits  of  a 
town,  and  being  under  the  guardianship  of 
persons  appointed  by  the  government,  have 
no  legal  settlement  in  such  town.  Andover 
v.  Canton,  13  Mass.  547  (1816). 

7.  Persons  confined  as  convicts  in  houses 
of  correction  are  supported  as  paupers.  Wood 
v.  Burlington,  1 Met.  493  (1840).  See 
Opinion  of  the  Justices,  1 Met.  572. 

8.  A pauper  cannot  gain  a settlement  in  his 
own  right  in  the  same  town  in  which  he 
derives  a settlement  from  his  father.  Salem 
v.  Ipswich , 10  Cush.  517  (1852). 

9.  A British  soldier  was  made  a prisoner 
of  war  by  our  army  in  1777,  and  was  never 
exchanged,  but,  not  being  confined,  volun- 
tarily continued  his  residence  in  this  common- 
wealth until  1824.  It  was  held,  that  he  was  a 
citizen,  and  capable  of  gaining  a settlement 
in  this  commonwealth.  Cummington  v. 
Springfield,  2 Pick.  394  (1824). 

10.  So  of  one  born  in  England,  who  deserted 
from  the  British  army  under  General  Bur- 
goyne  during  the  Revolution,  and  who  had  re- 
sided in  this  commonwealth  from  that  time 
until  1824.  Phipps's  case,  2 Pick.  394,  note 
(1824). 

11.  Every  person  is  a pauper  who  receives 
relief  at  the  public  expense,  and  such  as  is 
provided  by  law  for  persons  standing  in  need 
of  immediate  relief.  Shaw,  C.  J.,  in  Charles- 
town v.  Groveland,  15  Gray,  (1860),  cited 
6 Allen,  587. 

12.  Where  a bond  has  been  given  by  one 
individual  to  another  for  the  support  of  a 
poor  person,  and  the  indemnity  of  the  obligee, 
who  was  chargeable  for  such  support,  the 
town  of  the  pauper’s  lawful  settlement  is  not 
thereby  discharged  from  the  obligation  to 
maintain  such  pauper.  Watson  v.  Cambridge, 
15  Mass.  286  (1818). 


II.  Settlement  of  Paupers;  How  ac- 
quired or  LOST. 

See  St,  1865,  c.  230. 

(a)  By  Approbation,  and  not  being  warned 
out. 

Sts.  1692,  c.  15;  1701,  c.  13;  1767,  c.  3; 
1789,  c.  14.  Gen.  Sts.  c.  69,  § 1,  cl.  8. 

13.  A warning  of  a pauper  “ and  his  family  ” 
under  Prov.  St.  4 W.  & M.  c.  13,  § 9,  "is 
sufficient  to  prevent  the  wife  and  children 

10 


| of  the  pauper  from  gaining  a settlement. 
Shirley  v.  Watertown,  3 Mass.  322  (1807). 

14.  If  a person,  before  the  Prov.  St.  of  7 
Geo.  III.  c.  3,  had  been  duly  warned  to 
depart  from  a town,  so  as  to  prevent  his  ac- 
quiring a settlement  in  such  town,  and  after 
the  warning,  removed  from  the  town  without 
an  intention  of  returning,  continuing  absent 
long  enough  to  gain  a new  settlement,  and 
afterwards  came  back  and  dwelt  in  the  town 
he  had  been  warned  to  leave,  he  must  have 
been  again  warned  within  a year  from  his 
return,  or  he  would  have  gained  a settlement. 
Chelsea  v.  Malden,  4 Mass.  131  (1808). 

15.  A warning  under  the  Prov.  St.  of  4 
W.  & M.  c.  13,  to  avoid  the  gaining  of  a 
settlement  by  a pauper,  was  without  effect 
unless,  either  in  the  warrant  or  the  return 
thereof,  the  length  of  time  was  stated  that 
the  party  warned  had  resided  in  the  town. 
Hamilton  v.  Ipswich,  10  Mass.  506  (1813). 

16.  A warrant  which  merely  stated  that  the 
pauper  had  “lately  come  to  reside”  in  the 
town,  did  not  specify  with  sufficient  distinct- 
ness the  length  of  time  that  he  had  resided 
there.  Middleborough  v.  Plympton,  19  Pick. 
489  (1837). 

17.  A warning  was  held  not  to  be  proved 
by  a record  of  the  court  of  sessions,  stating 
that  “ the  selectmen  of  U.  were  allowed  to 
enter  their  caution  against  C.,  whom  they 
refuse  to  admit  as  an  inhabitant,  he  having 
been  duly  warned,  as  by  a warrant,  &c.  and  re- 
turn thereon,  on  file,  appears,”  although  it  was 
shown  that  the  warrant  and  return  were  lost ; 
such  act  of  the  court  of  sessions  being  merely 
ministerial.  Sutton  v.  Uxbridge , 2 Pick. 
436  (1824). 

18.  Whether  such  record  would  have  been 
sufficient  evidence,  if  it  had  set  forth  particu- 
larly the  necessary  facts,  qucere.  lb. 

19.  If,  in  order  to  show  that  a person  was 
prevented  from  gaining  a settlement  in  a town 
by  being  warned  to  leave  within  one  year 
after  he  came  to  reside  there,  pursuant  to 
Prov.  Sts.  4.  W.  & M c.  13,  and  12  & 13 
Will.  III.  c.  10,  it  be  proved  merely  that 
such  a warrant  was  issued,  served,  and  re- 
turned, it  cannot  be  presumed,  in  the  absence 
of  all  other  evidence  on  the  subject,  that  the 
return  on  such  warrant  certified  that  he  was 
warned  within  one  year  after  he  came  to 
reside  in  such  town.  Franklin  v..  Dedham, 
18  Pick.  544  (1836). 

20.  Where  a stranger  was  received  and 
entertained  by  an  inhabitant  of  a town,  pre- 
vious to  April  10,  1767,  and  his  residence 
there  was  designedly  concealed,  so  that  the 
town  officers  had  no  opportunity  to  warn  him 
to  depart,  it  was  held,  that  he  did  not  gain  a 
settlement.  Newbury  v.  Harvard,  6 Pick.  1 
(1827). 


74 


DIGEST  OF  DECISIONS. 


21.  A vote  of  a town  between  1767  and 
1789,  by  which  J.  S.  and  others  were  “con- 
stituted” one  of  the  school  districts  of  the 
town,  is  no  evidence  of  such  approbation  by 
the  town  of  his  dwelling  there  as  was  required 
by  the  Prov.  St.  of  7 Geo.  III.  c.  3,  to  give 
him  a settlement  in  the  town.  Amherst  v. 
Shelburne , 13  Gray,  341  (1859). 

22.  Between  the  years  1767  and  1789  there 
was  no  mode  of  acquiring  a new  settlement, 
but  by  approbation  of  the  inhabitants  of  the 
town  into  which  the  person  might  remove. 
Parker,  C.  J.,  in  Andover  v.  Canton,  13  Mass. 
550  (1816). 

23.  Under  Prov.  St.  7 Geo.  III.  c.  3,  § 4,  a 
person  coming  into  a town  to  reside  could 
not  gain  a settlement  by  an  implied  “ approba- 
tion by  the  town  of  his  dwelling  there.”  Thus 
the  acceptance  by  a town  of  a list  of  jurymen, 
as  revised  by  the  selectmen,  which  contained 
the  name  of  a person  who  had  come  into  such 
town  to  reside,  is  not  such  an  “ approbation  ” 
as  is  required  by  that  statute.  Orange  v. 
Sudbury , 10  Pick.  22  (1830). 

24.  According  to  the  statute  of  1751,  for 
correcting  the  calendar,  a person  born  on 
April  4,  1745,  old  style,  would  not  come 
of  age  until  April  15, 1766,  new  style  ; conse- 
quently, he  could  not  gain  a settlement  in  a 
town  by  a year’s  residence  without  being 
warned  out,  there  being  less  than  a year 
between  the  time  of  his  coming  of  age  and 
the  10th  day  of  April,  1767,  after  which  day 
(by  Prov.  St.  7 Geo.  III.)  a settlement  could 
not  be  gained  by  mere  residence  without 
being  warned  out.  Danvers  v.  Boston , 10 
Pick.  513  (1830). 

25.  After  the  provincial  act  of  7 Geo.  III. 
c.  3,  and  before  St.  1789,  c.  14,  no  settlement 
by  a residence  without  being  warned  out 
could  be  gained  except  by  the  approbation  of 
the  town  at  a general  meeting.  Granby  v. 
Amherst,  7 Mass.  1 (1810). 

26.  The  provisions  of  St.  4 W.  & M.  c.  13, 
and  St.  1789,  c.  14,  which  required  the  warn- 
ing of  persons  out  of  a town,  to  prevent  their 
acquiring  a settlement,  did  not  apply  to  mi- 
nors, although  illegitimate.  Somerset  v. 
Dighton,  12  Mass.  383  (1815). 

27.  A male  pauper,  being  married  while 
under  age,  was  not  thereby  so  emancipated  as 
to  acquire  a settlement  by  a year’s  residence 
without  being  warned  out,  under  Sts.  4 W.  & 
M.  c.  13,  and  12  & 13  Will.  III.  c.  10.  Taun- 
ton v.  Plymouth , 15  Mass.  203  (1818). 

28.  A child  born  to  one  who  had  been 
warned  to  depart  the  town,  under  St.  4 W. 
& M.  c.  13,  gained  a settlement  in  such 
town  by  a year’s  residence,  after  coming  of 
age,  without  being  warned  to  depart.  Berk- 
ley v.  Somerset,  16  Mass.  454  (1820). 

29.  Where  one,  before  the  10th  of  April, 
1767,  had  hired  a house,  but  before  the  re* 


| moval  of  his  family  into  it  had  gone  abroad, 
and  in  his  absence  his  family  removed  into  it, 
and  were  not  warned  to  depart  within  twelve 
months  from  such  removal,  he  gained  a settle- 
ment in  the  town  in  which  such  house  was  sit- 
uated. Hardwick  v.  Raynham,  14  Mass.  362 
(1817). 

(b)  By  Derivation. 

Sts.  1789,  c.  14;  1793,  c.  34.  Rev.  Sts.  c. 
45.  Gen.  Sts.  c.  69. 

Married  Women. 

30.  A marriage  of  a man  having  a legal 
settlement  within  the  commonwealth  gives 
such  settlement  to  the  wife,  whether  the  mar- 
riage was  solemnized  within  or  without  the 
commonwealth.  Dalton  v.  Bernardston , 9 
Mass.  201'(1812). 

31.  A female  does  not  change  the  place  of 
her  lawful  settlement  by  going  through  the 
form  of  a marriage  with  a person  non  compos 
mentis.  Middleborough  v.  Rochester,  12  Mass. 
363  (1815). 

32.  A man  and  a woman  having  their  set- 
tlements in  the  same  town,  intermarried,  and 
the  town  being  afterwards  divided  into  two 
towns,  it  was  held,  that  the  wife  took  the  set- 
tlement of  her  husband  in  one  of  the  two 
towns,  although  but  for  the  marriage  her  set- 
tlement would  have  been  in  the  other.  North 
Bridgewater  v.  East  Bridgewater,  13  Pick. 
303  (1833). 

33.  In  an  action  to  recover  expenses  incur- 
red in  support  of  a pauper,  against  a town  in 
which  his  settlement  is  sought  to  be  estab- 
lished by  reason  of  a marriage,  it  cannot  be 
shown  in  defence  that  the  marriage  was  inval- 
id by  reason  of  the  insanity  of  one  of  the  par- 
ties. Goshen  v.  Richmond,  4 Allen,  458 
(1862). 

34.  The  legislature  had  power  to  pass  St. 
1845,  c.  222,  (Gen.  Sts.  c.  107,  § 2,)  provid- 
ing that  the  validity  of  a marriage  shall  not  be 
questioned  in  the  trial  of  a collateral  issue,  on 
account  of  the  insanity  or  idiocy  of  either 
party.  That  statute  applies  to  marriages  ex- 
isting at  the  time  of  its  passage,  lb. 

Legitimate  Children. 

35.  The  children  of  a woman  who  marries 
a pauper  follow  his  settlement.  Goshen  v. 
Richmond,  4 Allen,  458  (1862). 

36.  Upon  a father’s  gaining  a new  settle- 
ment, a child  who  is  of  age,  voluntarily  liv- 
ing with  him,  does  not  thereby  gain  such 
new  settlement.  Springfield  v.  Wilbraham , 
4 Mass.  493  (1808). 

37.  A woman  of  twenty-one  years  of  age 
and  upwards  does  not  follow  or  have  the  set- 
tlement of  her  father,  which  is  acquired  by 


DIGEST  OF  DECISIONS. 


75 


him  in  a town  in  this  commonwealth  after 
she  reaches  that  age ; although  she  continues 
to  be  a member  of  his  family,  and  he  then,  for 
the  first  time,  acquires  a settlement  in  this 
commonwealth.  Shirley  v.  Lancaster , 6 Al- 
len, 31 (18G3). 

38.  The  widowed  mother  of  a female  pau- 
per became  possessed  of  an  estate  sufficient 
to  confer  a settlement  from  three  years’  pos- 
session ; but, before  the  three  years  had  passed, 
the  daughter  was  married  to  an  alien ; and,  al- 
though she  continued  to  reside  in  her  moth- 
er’s family  until  after  the  expiration  of  the 
three  years,  it  was  held,  that  she  derived  no 
settlement  from  her  mother.  Charlestown  v. 
Boston , 13  Mass.  469  (1816). 

39.  The  settlement  of  one  who  is  non  com- 
pos mentis , and  has  not  estate  sufficient  to 
give  him  a settlement  in  virtue  thereof,  fol- 
lows and  changes  with  the  settlement  of  his 
father,  as  well  after  his  coming  of  age  as  be- 
fore. Upton  v.  Northbridge , 15  Mass.  237 
(1818). 

40.  But  it  is  otherwise  if  he  becomes  non 
compos  mentis  after  he  becomes  of  age.  Buck- 
land  v.  Charlemont , 3 Pick.  173  (1825). 

41.  And  incipient  insanity  does  not  incapac- 
itate one  from  gaining  a settlement  of  his 
own.  lb. 

42.  Legitimate  children  cannot  derive  a 
settlement  from  their  mother,  unless  tlieir 
father  has  no  settlement  within  the  common- 
wealth. Amherst  v.  Shelburne,  13  Gray,  341 
(1859). 

43.  A legitimate  child  having  a settlement 
by  its  father  cannot  acquire  the  settlement  of 
its  mother.  Scituate  v.  Hanover,  7 Pick.  140 
(1828). 

44.  A minor  child,  having  the  settlement  of 
its  deceased  father,  does  not  lose  it  and  ac- 
quire the  settlement  of  its  mother,  on  her 
gaining  a new  settlement  by  a second  mar- 
riage. Walpole  v.  Marblehead , 8 Cush.  528 
(1851). 

45.  A husband,  having  a settlement  in  this 
state,  after  a divorce  a vinculo  for  adultery 
committed  by  him,  removed  to  another  state, 
where  he  married  and  had  children,  while  his 
former  wife  was  still  living.  It  was  held,  that 
such  Carriage  being  permitted  by  the  laws  of 
that  state,  the  children  were  legitimate,  and 
that  they  had  their  fathers  settlement.  West 
Cambridge  v.  Lexington,  1 Pick.  506  (1823). 

46.  Minor  children,  having  the  settlement 
of  their  mother,  do  not,  at  the  common  law, 
acquire  a new  settlement  gained  by  her  mar- 
riage, although  they  remove  with  her  to  the 
place  of  such  new  settlement.  Freetown  v. 
Taunton,  16  Mass.  52  (1819).  But  see  Gen. 
Sts.  c.  69,  § 1,  cl.  2. 

47.  Legitimate  children  under  age,  having 
the  settlement  of  their  mother,  acquire  the 


new  settlement  which  she  gains  by  another 
marriage.  Plymouth  v.  Freetown , 1 Pick.  197 
(1822). 

48.  Where  a minor,  deriving  his  settlement 
from  his  mother,  resided  in  another  state,  em- 
ployed in  learning  a trade,  and  the  mother 
acquired  a new  settlement  in  this  common- 
wealth by  a second  marriage,  before  he  came 
of  age,  it  was  held,  that  his  settlement  fol- 
lowed that  of  his  mother.  Great  Barrington 
v.  Tyringham,  18  Pick.  264  (1836). 

49.  It  seems,  that  the  circumstance  that  the 
minor  was  not  bound  as  an  apprentice  by  in- 
denture, is  not  material  in  such  case.  lb. 

50.  The  settlement  of  a widow,  acquired  by 
her  after  the  death  of  her  husband,  is  commu- 
nicated to  her  infant  children.  Dedham  v. 
Natick,  16  Mass.  135  (1819). 

Illegitimate  Children. 

51.  Under  St.  1789,  c.  14,  § 3,  the  settle- 
ment of  an  illegitimate  child  followed  that  of 
his  mother,  and  changed  with  it.  Petersham 
v.  Dana,  12  Mass.  428  (1815). 

52.  A man  and  a woman  having  their  settle- 
ments in  the  same  town  intermarried,  and  the 
town  being  afterwards  divided  into  two  towns, 
it  was  held,  that  the  wife  took  the  settlement 
of  her  husband  in  one  of  the  two  towns,  al- 
though but  for  the  marriage  her  settlement 
would  have  been  in  the  other ; and  that  the 
settlement  of  her  illegitimate  child,  born  be- 
fore the  marriage  and  before  St.  1793,  c.  34, 
which  had  acquired  no  settlement  in  its  own 
right,  changed  with  and  followed  the  settle- 
ment of  its  mother.  North  Bridgewater  v. 
East  Bridgewater , 13  Pick.  303  (1833). 

53.  But  under  St.  1793,  c.  34,  § 2,  (Gen. 
Sts.  c.  69,  § 1,)  cl.  3,  an  illegitimate  child  has 
the  settlement  of  its  mother  at  the  time  of  its 
birth,  and  retains  it  until  it  gains  a new  settle- 
ment by  some  act  of  its  own.  Its  settlement 
does  not  change  with  that  of  its  mother.  Boyls- 
ton  v.  Princeton,  13  Mass.  381  (1816). 

54.  Under  the  provincial  act  of  7 Geo.  III. 
c.  3,  illegitimate  children  acquired  no  settle- 
ment by  birth,  but  had  the  settlement  of  their 
mother.  Newton  v.  Braintree,  14  Mass.  382 
(1817). 

55.  An  illegitimate  child,  born  after  April 
10,  1767,  and  before  the  passage  of  St.  1789, 
c.  14,  has  the  settlement  of  his  mother  at  the 
time  of  his  birth,  if  she  then  had  any.  Black- 
stone  v.  Seekonk,  8 Cush.  75  (1851). 

56.  If  the  parents  of  illegitimate  children 
intermarry,  and  the  father  acknowledges  the 
children  as  his,  they  are,  by  St.  1853,  c.  253, 
(Gen.  Sts.  c.  91,  § 4,)  made  legitimate  to  all 
intents  and  purposes,  and  thereupon  take  the 
settlement  of  the  father.  Monson  v.  Palmer , 8 
Allen,  551  (1864). 


76 


DIGEST  OF  DECISIONS. 


Slaves. 

57.  Until  the  ratification  of  the  constitution 
of  this  commonwealth,  in  1780,  the  settlement 
of  a slave  always  followed  that  of  his  master, 
and  he  could  not  acquire  a settlement  in  his 
own  right.  Winchendon  v.  Hatfield , 4 Mass. 
123  (1808).  Dighton  v.  Freetown,  lb.  539. 
Stockbridge  y.  West  Stockbridge,  12  Mass.  399 
(1815).  Edgartown  v.  Tisbury , 10  Cush.  410 
(1852). 

58.  Slaves  were  not  within  the  provincial 
statutes  relating  to  the  warning  of  persons  in 
order  to  prevent  their  gaining  a settlement,  or 
relating  to  the  gaining  a settlement  by  resi- 
dence. Winchendon  v.  Hatfield,  4 Mass.  123 
(1808). 

59.  But  when  manumitted,  they  could  ac- 
quire a settlement  in  their  own  right.  Ib. 

60.  After  manumission,  a slave  retained  the 
settlement  of  his  master  until  another  was 
gained.  Dighton  v.  Freetown , 4 Mass.  539 
(1808). 

61.  A slave,  as  the  personal  property  of  his 
master,  became  upon  his  master’s  decease  the 
property  of  his  master’s  executor  or  adminis- 
trator, and  acquired  the  settlement  of  such 
executor,  &c.  Ib. 

62.  But  if  one  purchased  the  use  of  a slave 
from  his  owner,  the  slave  did  not  acquire  the 
settlement  of  the  hirer,  although  he  lived  ten 
years  in  his  service.  Stockbridge  v.  West  Stock- 
bridge,  12  Mass.  399  (1815). 

63.  Children  born  free  of  slave  parents  de- 
rived no  settlement  either  from  their  parents 
or  the  masters  of  their  parents.  Andover  v. 
Canton,  13  Mass.  547  (1816).  Lanesborough 
v.  Westfield,  16  Mass.  74  (1819). 

64.  Where,  before  the  revolution,  the  pos- 
session of  a slave  had  been  transferred  to  a 
grandchild  of  the  owner,  the  declarations  of 
the  parties  to  such  transfer  at  the  time  were 
held  to  be  part  of  the  res  gestae,  and  so  admis- 
sible evidence  in  a suit  respecting  the  slave. 
Milford  v.  Bellingham,  16  Mass.  108  (1819). 

65.  Although  the  mother  of  a child  born 
in  Massachusetts  in  1772  was  then  a slave, 
and  her  settlement  followed  that  of  her  mas- 
ter. yet  the  child  was  born  free,  and  derived 
no  settlement  from  her  mother.  A slave 
could  not  communicate  a settlement.  Ed- 
gartown v.  Tisbury,  10  Cush.  408  (1852). 

(c)  By  living  on  a Freehold  Estate,  &c. 

Sts.  1789,  c.  14;  1793,  c.  34;  1821,  c.  94. 
Rev.  Sts.  c.  45,  § 1 ; Gen.  Sts.  c.  69,  § 1, 
Fourth  clause. 

66.  A citizen  of  the  United  States,  living 
three  years  in  any  town  within  this  state,  on 
land  conveyed  to  him  by  a warranty  deed, 
gains  a settlement  in  such  town,  although  his 
grantor  had  in  fact  no  title  to  the  land.  Boyls- 
ton  v.  Clinton , 1 Gray,  619  (1854). 


67.  It  is  not  necessary  to  prove  that  the 
deed  was  recorded,  under  which  land  was 
held,  in  order  to  establish  a settlement  under 
Sts.  1789,  c.  14,  § 1,  and  1793,  c.  34.  Bel- 
cheitown  v.  Dudley,  6 Allen,  477  (1863). 

68.  One  may  gain  a settlement  by  reason  of 
an  estate  of  which  he  appears  by  record  and 
possession  to  be  the  lawful  owner,  although 
his  title  may  be  defeasible.  Conway  v.  Deer- 
field, 11  Mass.  327  (1814). 

69.  In  order  to  gain  a settlement  in  a town 
by  having  an  estate  of  freehold  or  inheritance 
therein,  it  is  sufficient  if  the  person  is  seised 
by  an  apparently  good  title,  and  no  present 
right  of  entry  is  outstanding  in  any  other  per- 
son. Brewster  Dennis,  21  Pick.  233  (1838). 

70.  Thus,  where  one  having  bargained  ver- 
bally for  a piece  of  land  and  paid  therefor,  en- 
tered upon  and  occupied  it  for  twenty  years, 
without  having  ever  received  a deed  or  any 
other  writing  respecting  it  from  the  original 
owner;  it  was  held,  that,  at  the  expiration  of 
that  period  of  time,  he  had  gained  an  estate  of 
freehold  within  the  meaning  of  the  statute. 
Ib. 

71.  A person  does  not  gain  a settlement  by 
living  upon  land  three  years  successively  as 
the  tenant  of  one  who  has  a life  estate  there- 
in ; although  such  person  is  entitled  to  come 
into  possession  of  the  land  on  the  termination 
of  such  life  estate.  The  statutes  refer  to  such 
an  estate  as  a person  has  a right  to  occupy,  and 
not  to  an  estate  in  expectancy,  where  there  is 
a preceding  estate  of  freehold  in  some  other 
person.  Ipswich  v.  Topsfield,  5 Met.  350 
(1842). 

72.  It  was  held,  under  St.  1789,  c.  14,  that 
one  might  gain  a settlement  by  virtue  of  being 
seised  of  a freehold  estate  in  right  of  his  wife. 
Windham  v.  Portland,  4 Mass.  384  (1808). 

73.  One  who  has  an  estate  as  tenant  by  the 
curtesy  initiate  in  land  held  by  his  wife  to 
her  sole  and  separate  use,  under  St.  1845,  c. 
208,  does  not  gain  a settlement  by  living 
thereon  three  years  successively.  Leverett  v. 
Deerfield,  6 Allen,  431  (1863). 

74.  A husband  who  for  three  years  succes- 
sively occupies  land  assigned  to  his  wife  as 
dower,  obtains  a settlement  by  virtue  thereof. 
Canton  v.  Dorchester,  8 Cush.  525  (1851). 
But  see  Leverett  v.  Deerfield,  6 Allen,  431. 

75.  A person  under  guardianship  as  a 
spendthrift  gained  a settlement  by  living  three 
years  successively  on  an  estate  of  inheritance 
or  freehold,  purchased  with  his  money  and 
conveyed  by  deed  to  him,  although  it  was  pur- 
chased by  his  guardian  without  the  sanction 
of  the  probate  court.  Hopkinton  v.  Upton , 
3 Met.  165  (1841). 

76.  An  estate  of  freehold  or  inheritance  in 
trust  may  give  a settlement  to  the  cestui  que 
trusU  Orleans  v.  Chatham,  2 Pick.  29  (1823). 


DIGEST  OF  DECISIONS. 


77 


Scituate  v.  Hanover , 1G  Pick.  222  (1834). 
Randolph  v.  Norton , 16  Gray,  (I860). 

77.  A person  occupying  an  estate  in  a town 
for  three  years,  having  a bond  for  a deed 
thereof,  with  permission  granted  in  said  bond 
to  take  the  rents  and  profits  to  his  own  use, 
gains  a settlement,  by  reason  thereof,  in  such 
town.  Randolph  v.  Norton , 16  Gray, 
(1860). 

78.  The  occupation  of  an  estate  of  free- 
hold by  the  grantor,  after  a conveyance 
thereof  which  is  fraudulent  and  void  as  against 
creditors,  is  not  sufficient  to  give  him  a settle- 
ment, although  he  has  a bond  for  reconvey- 
ance from  the  grantee.  Canton  v.  Dorchester , 
8 Cush.  525  (1851). 

79.  A mortgagor,  occupying  the  mortgaged 
estate  by  leave  of  a lessee  for  years  of  the 
mortgagee,  who  has  entered  for  condition 
broken,  has  no  estate  of  inheritance  or  free- 
hold in  the  premises,  and  cannot,  by  such  oc- 
cupation, acquire  a settlement  in  the  fourth 
method.  Oakham  v.  Rutland,  4 Cush.  172 
(1849). 

80.  A settlement  may  be  acquired  by  own- 
ing an  estate  of  freehold  or  inheritance,  and 
residing  thereon  for  three  years  successively, 
although  the  land  be  under  mortgage,  during 
the  whole  time,  for  its  full  value.  Mount 
Washington  v.  Clarksburgh , 19  Pick.  294 
(1837). 

81.  A settlement  may  be  acquired  in  a town 
by  a residence  in  a part  thereof  which  is 
within  the  actual  jurisdiction  of  the  Common- 
wealth, although  within  the  rightful  jurisdic- 
tion of  another  state,  which  afterwards  obtains 
the  actual  jurisdiction,  on  the  establishment  of 
the  boundary  line.  Somerset  v.  Rehoboth,  6 
Cush.  320  (1850). 

82.  A settlement  in  a town  is  not  acquired 
by  living  undisturbed  thirteen  years  in  a 
house  built  by  mistake  upon  the  land  of  an- 
other, adjacent  to  land  of  the  bjuilder,  under 
Rev.  Sts.  c.  45,  (Gen.  Sts.  c.  69,)  § 1,  cl.  4, 
which  provide  that  a settlement  may  be  gained 
in  a town  by  having  an  estate  of  inheritance 
or  freehold  therein,  and  living  on  the  same 
three  years  successively.  Wellfleet  v.  Truro,  5 
Allen,  137  (1862). 

83.  A person  does  not  acquire  a settlement 
in  a town  under  Rev.  Sts.  c.  45,  (Gen.  Sts.  c. 
69,)  § 1,  cl.  4,  by  living  therein  undisturbed 
for  three  years  in  a house  built  by  mistake 
upon  the  land  of  another,  adjacent  to  his  own 
land,  and  having  outbuildings  upon  his  own 
land.  Wellfleet  v.  Truro , 9 Allen,  137 
(1864). 

84.  In  gaining  a settlement  by  taking  the 
profits  for  three  years  of  an  estate  in  dower, 
the  time  in  which  they  are  taken  between  the 
assignment  of  the  dower  by  commissioners, 
and  the  ratification  thereof  by  the  judge  of 
probate,  is  to  be  reckoned  as  a part  of  the  I 


three  years.  Mansfield  v.  Pembroke , 5 Pick. 
449  (1827). 

85.  When  a person  having  an  estate  in 
freehold  leased  the  land  for  a year  in  satisfac- 
tion of  an  execution,  he  was  considered,  with 
reference  to  the  gaining  of  a settlement,  as 
taking  the  rents  and  profits  during  the  year.  lb. 

86.  In  order  to  give  a citizen  of  the  United 
States,  twenty-one  years  of  age,  a settlement 
under  St.  1793,  c.  34,  § 2,  cl.  4,  by  having  a 
freehold  “ of  the  clear  yearly  income  of  three 
pounds,  and  taking  the  rents  and  profits  thereof 
three  years  successively,”  it  is  not  necessary 
that  he  should  have  actually  taken  and  re- 
ceived that  sum  yearly  free  of  all  charges. 
Pelham  v.  Middleborough , 4 Gray,  57  (1855). 

87.  If  one  who  had  an  estate  yielding  an 
income  of  the  requisite  amount  to  give  him  a 
settlement,  mortgaged  the  estate  to  secure  a 
sum,  the  interest  of  which,  being  deducted 
from  the  annual  income,  reduced  the  income 
below  the  required  amount,  he  could  gain  no 
settlement,  under  St.  1793,  c.  34,  § 2,  cl.  4,  by 
reason  of  the  estate.  Groton  v.  Boxborough , 
6 Mass.  50  (1809).  Conway  v.  Deerfield , 11 
Mass.  327  (1814). 

88.  To  gain  a settlement  in  the  fourth 
method  described  in  St.  1793,  c.  34,  § 2,  a 
citizen  must  dwell  in  the  town  the  same  three 
years  jfchat  he  held  therein  an  estate  of  the 
prescribed  value.  Boston  v.  Wells,  14  Mass. 
384  (1817). 

(d)  By  having  an  Estate,  &c.  and  being 
assessed  therefor. 

St.  1793,  c.  34,  § 2 ; Rev.  Sts.  c.  45,  § 1 ; 
Gen.  Sts.  c.  69,  § 1,  Fifth  clause. 

89.  A person  cannot  gain  a settlement  in  a 
town  under  the  fifth  mode  in  St.  1793,  c.  34, 
(Rev.  Sts.  c.  45,  § 1 ; Gen.  Sts.  c.  69,  § 1,) 
unless  for  five  successive  years  his  estate  shall 
have  been  introduced  into  the  valuation  of 
estates  made  by  the  assessors,  and  shall  have 
been  valued,  the  principal  at  £ 60, (now  $200,) 
or  the  interest  at  £3  12s., (now  $ 12,)  and  he 
shall  have  been  actually  assessed  for  the  same ; 
it  not  being  sufficient  that  he  has  had  estate 
liable  to  taxation  in  the  town,  and  was  able  to 
pay  taxes,  for  that  period  of  time.  Monson  v. 
Chester,  22  Pick.  385  (1839). 

90.  The  several  requisites  prescribed  for 
gaining  a settlement  in  the  fifth  mode  are  in- 
dispensable, and  if  either  of  them  is  omitted, 
it  is  fatal  to  the  acquirement  of  a settlemen.. 
Morton,  J.  Ib.  390. 

91.  A settlement  is  gained  in  the  fifth  mode 
prescribed  in  the  statute  by  possession  of  an 
estate  valued  at  two  hundred  dollars,  and  being 
assessed  for  the  same  five  years  successively, 
whether  the  taxes  so  assessed  be  paid  or  not. 
Westbrook  v.  Gorham,  15  Mass.  160  (1818). 

92.  One  holding  an  estate  of  the  requisite 


78 


DIGEST  OF  DECISIONS. 


value  under  a lease  for  four  years,  and  after- 
wards a year  by  sufferance,  and  being  assessed 
therefor  for  the  five  years,  does  not  thereby 
acquire  a settlement.  Templeton  v.  Sterling, 
15  Mass.  253  (1818). 

93.  The  provision  that  a person  shall  gain 
a settlement  in  a town  by  “ having  an  estate, 
the  principal  of  which  shall  be  set  at  $200,  or 
the  income  at  $12,  in  the  valuation  of  estates, 
and  being  assessed  for  the  same  for  the  space 
of  five  years  successively,”  applies  to  personal 
estate  as  well  as  to  real.  Boston  v.  Dedham,  4 
Met.  178  (1842). 

94.  A citizen  cannot  acquire  a settlement 
in  the  town  in  which  he  dwells  and  has  his 
home,  by  having  an  estate  therein  of  the  re- 
quired value,  as  tenant  at  sufferance  or  tenant 
at  will,  and  being  assessed  therefor  for  five 
successive  years.  Southbridge  v.  Warren,  11 
Cush.  292  (1853).  Dover  v.  Brighton,  2 Gray, 
482  (1854). 

95.  The  person  must  reside  in  the  town  the 
whole  of  the  five  years  for  which  he  is  as- 
sessed ; in  other  words,  he  must  reside  there 
five  full  years,  commencing  on  the  first  of  May. 
Southborough  v.  Marlborough , 24  Pick.  166 
(1833). 

96.  Proof  that  a citizen,  in  the  town  in 
which  he  dwelt  and  had  his  home,  occupied 
and  was  assessed  five  successive  yeq,rs  for 
real  estate  of  sufficient  value,  not  owned  by 
him,  but  of  which  he  had  a lease  by  indenture 
for  one  of  those  years,  is  not  sufficient  evi- 
dence of  his  having  acquired  a settlement  in 
that  town,  in  the  fifth  mode  in  St.  1793,  c.  34, 
and  Rev.  Sts.  c.  45,  (Gen.  Sts.  c.  69,)  to  ex- 
empt another  town  in  which  he  had  previ- 
ously had  his  settlement,  from  liability  for 
his  support.  Dover  v.  Brighton,  2 Gray,  482 
(1854). 

97.  Proof  that  a citizen,  in  the  town  in 
which  he  dwelt  and  had  his  home,  was  as- 
sessed five  successive  years  for  estate,  real 
and  personal,  of  which  he  was  “possessed 
on  the  first  day  of  May,”  the  income  of  which 
was  set  by  the  assessors  at  not  less  than  twelve 
dollars,  and  that  he  had  an  estate  in  fee  in 
said  real  estate  during  the  last  two  of  said 
years,  does  not  raise  a presumption  that  he 
had  so  much  as  an  estate  for  years  in  the  real 
estate  during  any  of  the  other  years,  and  is 
not  therefore  such  evidence  of  his  having  ac- 
quired a settlement  in  that  town,  under  St. 
1793,  c.  34,  § 2,  or  Rev.  Sts.  c.  45,  (Gen.  Sts. 
c.  69,)  § 1,  cl.  5,  as  will  exempt  another  town, 
in  which  his  father  had  a settlement,  from  li- 
ability for  his  support.  Boylston  v.  Groton , 

4 Gray,  282  (1855). 

98.  When  it  is  shown,  in  a suit  against  a 
town  for  the  support  of  a pauper,  that  his  per- 
sonal property  was  set,  in  the  valuation  of 
the  estates  of  the  town,  at  the  required  sum, 


and  that  he  was  assessed  for  the  same  for 
five  successive  years,  such  town  cannot  avail 
itself  of  the  objection  that  there  was  not,  in  the 
valuation,  any  such  schedule  or  description  of 
the  property  as  is  directed  by  statute.  Bos - 
ton  v.  Dedham,  4 Met.  178  (1842). 

(e)  By  serving  as  a Town  Officer,  or  being  an 
Ordained  Minister. 

St.  1793,  c.  34,  § 2;  Rev.  Sts.  c.  45,  § 1 ; 
Gen.  Sts.  c.  69,  § 1,  Sixth  and  Seventh 
clauses. 

99.  To  gain  a settlement  in  the  sixth  mode 
in  St.  1793,  c.  34,  (Gen.  Sts.  c.  69,)  a person 
must  dwell  in  a town  the  whole  year  in  which 
he  serves  as  a town  officer.  Barre  v.  Green- 
wich, 1 Pick.  129  (1822). 

100.  If  a person  chosen  into  the  office  of 
constable  is  compulsorily  removed  from  the 
town  within  the  year,  as  by  being  committed 
to  prison  in  another  town,  so  that  he  is  not 
able  to  discharge  the  duties  of  his  office,  he 
gains  no  settlement  by  virtue  of  such  choice. 
Paris  x.  Hiram,  12  Mass.  262  (1815). 

101.  The  year  intended  by  the  statute  in  that 
case  is  a municipal  year,  or  from  one  election 
to  another.  Ib. 

102.  A collector  of  taxes  for  a school  dis- 
trict is  a collector  of  taxes  for  the  purpose  of 
gaining  a settlement  in  a town.  Belgrade  v. 
Sidney,  15  Mass.  523  (1819). 

103.  Where  a minister,  who  has  been  reg- 
ularly ordained  in  one  town,  is  afterwards 
settled  in  another,  as  a pastor,  with  the  full 
character,  rights  and  duties  of  a pastor,  but 
without  any  new  ordination  or  ceremony  of 
induction,  he  will  by  such  settlement  as  a 
minister,  acquire  a settlement  as  a pauper 
in  the  latter  town ; and  it  is  immaterial 
whether  or  not  he  was  settled  under  an  engage- 
ment for  a limited  time,  as  for  a year.  Bel- 
lingham v.  West  Boylston,  4 Cush.  553  (1849). 

104.  By  the  present  usages  of  the  Baptist 
denomination,  a minister  can  only  be  settled 
by  the  concurrent  act  of  the  church  and  soci- 
ety. The  act  of  the  society,  however,  need 
not  appear  by  a formal  recorded  vote ; but  if 
the  church  has  formally  voted  to  settle  the 
minister,  the  concurrence  of  the  society  may 
be  shown  by  records  recognizing  him  as  fill- 
ing that  place,  coupled  with  proof  that  he 
actually  performed  the  duties  thereof.  Lei- 
cester v.  Fitchburg,  7 Allen,  90  (1863). 

(f)  By  Incorporation  or  Division  of  Towns. 

St.  1793,  c.  34;  Rev.  Sts.  c.  34;  Gen.  Sts. 
c.  69,  Ninth  and  Tenth  Clauses. 

105.  When  an  old  town  is  divided  into  two 
towns,  all  the  inhabitants  at  the  time  of  the 
incorporation  having  settlements  there  become 
settled  in  the  towns,  respectively,  within  the 


DIGEST  OF  DECISIONS. 


79 


limits  of  which  they  lived  at  the  time  of  the 
incorporation.  West  Springfield  v.  Granville, 
4 Mass.  48G  (1808).  Westport  v.  Dartmouth, 
10  Mass.  342  (1813). 

10G.  An  inhabitant  of  a town,  living  in  a 
part  of  it  which,  by  an  act  of  incorporation,  is 
formed  into  a new  town,  and  not  having  a set- 
tlement in  the  old  town,  gains  none  by  such 
incorporation.  West  Springfield  v . Granville, 
4 Mass.  48G  (1808). 

107.  When  part  of  an  existing  town  is  de- 
tached and  annexed  to  another  existing  town, 
the  inhabitants  of  such  part,  having  a settle- 
ment in  the  town  from  which  they  are  detached, 
acquire  by  such  annexation  a settlement  in  the 
town  to  which  they  are  annexed.  Groton  v. 
Shirley,  7 Mass.  L5G  (1810). 

108.  Where  a part  of  a town  was  incorpo- 
rated as  a new  town,  a pauper  having  a pre- 
vious settlement  in  the  old  town,  and -whose 
place  of  residence  at  the  time  of  the  incor- 
poration could  not  be  ascertained,  was  held  to 
be  chargeable  to  the  old  town.  Westport  v. 
Dartmouth,  10  Mass.  341  (1813). 

109.  Before  St.  1793,  c.  34,  (Gen.  Sts.  c.  69,) 
when  a new  town  was  formed  of  part  of  an 
existing  one,  the  settlement  of  persons  absent 
at  the  time  of  the  incorporation  of  the  new 
town  continued  in  the  old  town,  though  their 
former  dwelling  was  in  that  part  of  which  such 
new  town  was  formed.  Windhamv . Portland, 
4 Mass.  384  (1808).  Bath  v.  Bowdoin,  lb.  452. 

110.  When  an  unincorporated  place  is  made 
a town  by  incorporation,  the  inhabitants  gain 
a settlement  therein,  and  of  course  lose  any 
former  settlement  they  may  have  had.  Bath 
v.  Bowdoin,  4 Mass.  452  (1808).  Buckfield  v. 
Gorham , 6 Mass.  445  (1810). 

111.  Before  the  passage  of  St.  1793,  c.  34, 
(Gen.  Sts.  c.  69,)  a citizen  who  dwelt  and  had 
his  home  in  an  unincorporated  place,  when 
it  was  incorporated  into  a district  or  town, 
gained  a legal  settlement  in  the  district  or 
town,  by  force  of  the  act  of  incorporation ; 
that  statute  having  merely  affirmed,  in  this 
particular,  a preexisting  rule  of  law.  Sutton 
y.  Orange , 6 Met.  484  (1843). 

112.  Where  parts  of  different  towns,  together 
with  unincorporated  territory,  are  incorpora- 
ted into  a district,  a citizen  dwelling  and  hav- 
ing his  home  in  such  unincorporated  territory, 
gains  a legal  settlement  in  such  district,  by 
force  of  the  act  of  incorporation,  in  the  same 
manner  as  if  such  district  had  been  wholly 
composed  of  territory  previously  unincorpo- 
rated. Ib. 

113.  A pauper  whose  settlement  in  a town 
was  acquired  in  a part  which  was  afterwards 
incorporated  into  a new  town,  but  whose  home 
at  the  time  of  the  division  was  in  the  other 
part,  was  held  not  to  have  a settlement  in  the 
new  town.  Sutton  v.  Dana,  4 Pick.  117  (1826). 


114.  Incorporating  a district  into  a town 
made  no  alteration  in  regard  to  the  settlement 
of  persons  residing  in  the  territory.  Walpole 
v.  llopkinton,  4 Pick.  357  (1826). 

115.  Under  St.  1794,  c.  34,  (Gen.  Sts.  c. 
69,)  upon  the  division  of  a town,  a person 
having  a legal  settlement  therein,  but  not  re- 
siding therein  at  the  time  of  such  division, 
acquired  a settlement  in  that  town  in  which 
his  last  dwelling-place  in  the  original  town 
happened  to  fall  upon  such  division.  Lexing- 
ton v.  Burlington,  19  Pick.  426  (1837). 

116.  But  where  a special  statute  set  off  an 
individual,  with  his  family  and  real  estate, 
from  one  town,  and  annexed  them  to  another, 
it  was  held,  that  the  settlement  in  the  former 
town  of  anot  her  person,  not  then  residing 
therein,  but  whose  last  residence  therein  was 
upon  the  land  set  off',  was  not  transferred  to 
the  town  to  which  such  land  was  annexed.  Ib. 

117.  Where  a new  town,  A.,  was  incorpo- 
rated out  of  part  of  an  old  town,  B.,  and  the 
act  of  incorporation  provided  that  A.  should 
pay  to  B.  a sum  of  money  as  a consideration 
for  being  exempted  from  any  expense  on  ac- 
count of  paupers  belonging  to  B.  previous  to 
the  incorporation,  except  such  as  might  there- 
after be  returned  as  paupers  from  some  other 
town,  who  were  born  in  or  formerly  were  in- 
habitants of  that  part  of  B.  which  constituted 

A.  ; it  was  held,  that  the  paupers  returned  to 

B.  not  born  in  A.  for  whose  support  A.  must 
pay,  were  those  who,  when  they  removed  to 
other  towns,  removed  from  the  part  of  B. 
forming  A.,  and  not  such  as  might  have  once 
lived  in  that  part  of  B.,  not  having  been  born 
there,  but  before  they  dwelt  in  another  town, 
removed  to  and  lived  in  the  other  part  of  B., 
and  removed  thence  to  other  towns.  Salem  v. 
Hamilton , 4 Mass.  676  (1808). 

118.  A pauper  had  a derivative  settlement 
in  a part  of  the  town  of  A.  which  was  annexed 
to  the  town  of  B. ; but  being  of  age,  and  out 
of  the  Commonwealth  at  the  time  of  such  an- 
nexation, his  settlement  continued  in  A. 
Afterwards  the  town  of  C.  was  incorporated, 
and  contained  within  its  limits  the  tract  of 
land  in  right  of  which  the  settlement  was 
held.  In  the  act  incorporating  C.,  it  was  pro- 
vided that  persons  who  had  gained  a settle- 
ment in  the  part  of  B.  which  by  the  act  was 
made  a part  of  C.,  and  who  should  thereafter 
need  support,  should  be  supported  by  C. 
This  latter  town  was  held  liable  for  the  sup- 
port of  the  pauper.  Great  Barrington  v. 
Lancaster , 14  Mass.  253  (1817). 

119.  One  cannot  affect  his  settlement  by 
removing  from  one  part  to  another  part  of 
the  same  town.  Therefore,  where,  upon  the 
incorporation  of  a new  town  from  parts  of 
several  old  ones,  it  was  provided  by  the  act 
of  incorporation  that  the  new  town  should  be 


80 


DIGEST  OF  DECISIONS. 


held  to  support  such  paupers  as  had  gained  a 
settlement  in  any  of  those  parts  of  the  old 
towns  which  formed  the  new  one  ; it  was  held, 
that  the  new  town  was  not  liable  for  the  sup- 
port of  paupers  who  derived  their  settlement 
from  an  ancestor  who  lived  in  a part  of  one 
of  the  old  towns  forming  the  new  one,  but 
who  had  before  acquired  a settlement  by  resi- 
dence in  another  part  of  the  same  old  town. 
Princeton  v.  West  Boylston , 15  Mass.  257 
(1818). 

120.  The  act  incorporating  the  town  of  A. 
from  part  of  the  town  of  B.,  provided  that  A. 
should  receive  and  support  four  tenths  of  the 
poor  persons  then  chargeable  to  B.  D.  S., 
one  of  the  said  poor  persons,  whose  settle- 
ment in  B.  was  not  derived  from  his  residence 
on  that  part  of  its  territory  which  was  formed 
into  A.,  was,  with  his  wife  and  children,  as- 
signed to  and  received  and  supported  by  A., 
in  accordance  with  an  agreement  made 
between  the  two  towns  pursuant  to  said  act. 
It  was  held,  that  D.  S.  did  not  thereby  acquire 
a settlement  in  A. ; and  that  his  children, 
born  after  the  agreement,  were  not  chargeable 
to  that  town.  West  Boylston  v.  Boylston , 15 
Mass.  2G1  (1818). 

121.  Where  a new  town  was  created  of 
parts  of  several  towns,  and  it  was  provided 
that  the  new  town  should  support  all  such 
persons  as  before  had  been,  then  were,  or 
thereafter  might  be,  inhabitants  of  those  parts 
of  the  former  towns  then  incorporated  into 
such  new  town,  and  were  or  might  become 
chargeable,  and  who  had  not  a settlement 
elsewhere ; it  was  held,  that  the  new  town 
was  not  chargeable  with  the  support  of  pau- 
pers who,  at  the  time  of  the  incorporation* 
were  supported  by  one  of  the  old  towns  upon 
the  territory  forming  part  of  the  new  town, 
but  whose  settlement  was  derived  from  own- 
ing and  occupying  real  estate  in  another  part 
of  the  old  town.  Southbridge  v.  Charlton , 15 
Mass.  218  (1818). 

122.  The  agreement  of  towns  cannot  affect 
the  settlement  of  their  inhabitants.  There- 
fore, where  a part  of  a town  was  about  to  be 
incorporated  into  a new  town,  and  it  was 
agreed  that  those  who  should  afterwards 
become  chargeable  as  paupers,  should  be 
supported  by  the  town  from  whose  territory 
they  derived  their  settlement,  it  was  held,  that 
the  old  town  was  still  liable  to  others  for  the 
support  of  one  whose  settlement  was  derived 
from  the  territory  composing  the  new  town, 
but  who  was  not  an  inhabitant  at  the  time  of 
the  incorporation.  Westborough  v.  Franklin , 
15  Mass.  251  (1818). 

123.  On  the  separation  of  East  Sudbury ' 
from  Sudbury,  an  agreement  was  made 
between  the  two  towns  “ that  all  paupers  who 
had  gained  a settlement  in  the  old  town  before 


the  division  should  be  supported  in  the  town 
in  which  they  gained  their  habitancy.”  It 
was  held,  that  a pauper  who  was  born  within 
the  limits  of  East  Sudbury  had  not  acquired 
a new  settlement  by  changing  his  residence 
within  the  town  to  the  territory  which  re- 
mained in  the  old  town  on  the  separation. 
Sudbury  v.  Fast  Sudbury , cited  15  Mass. 
260  (1815). 

121.  By  an  act  incorporating  a town  from 
part  of  an  old  one,  it  was  provided  that  the 
two  towns  •should  bear  their  proportionable 
part  of  the  expense  of  supporting  the  poor 
that  were  at  that  time  relieved  by  the  elder 
town.  Afterwards  the  two  towns  made  an  agree- 
ment that  if  any  person  should  thereafter  be 
returned  as  a pauper,  having  a right  to  a 
support  from  the  elder  town,  the  new  town 
should  be  bound  to  support  him,  if  his  last 
residence  had  been  in  that  territory  which 
constituted  the  new  town.  It  was  held,  that 
the  agreement  was  not  binding  on  the  new 
town,  and  it  was  not  obliged  to  support  a pau- 
per so  situated.  Norton  v.  Mansfield,  16 
Mass.  48  (1819). 

125.  In  an  act  incorporating  a town,  which 
provided  that  certain  remonstrants  against  the 
incorporation,  who  lived  within  the  limits  of 
the  new  town,  should  remain  with  their  fami- 
lies to  the  old  town,  upon  their  leaving  their 
names  in  the  secretary’s  office  within  two 
years,  it  was  held,  that  the  privilege  thus 
granted  was  personal  to  the  remonstrants,  and 
did  not  remain  to  their  descendants.  Dil- 
lingham v.  Burgis,  16  Mass.  58  (1819). 

126.  A new  town  was  formed  of  parts  of  sev- 
eral old  towns.  Sundry  inhabitants  within  the 
limits  of  the  new  town  were,  with  their  estates 
and  the  heirs  and  assigns  of  such  estates,  to  re- 
main to  the  towns  to  which  they  had  before 
belonged;  but  were  authorized  at  their  pleas- 
ure afterwards  to  transfer  themselves  and 
their  estates  to  the  new  town.  A.,  an  inhab- 
itant thus  situated,  sold  his  estate  to  B.,  and 
removed  elsewhere.  B.  afterwards  availed 
himself  of  the  privilege,  and  became  with  the 
estate  he  had  so  purchased,  a part  of  the  new 
town.  It  was  held,  that  the  settlement  of  A. 
was  not  thereby  affected.  Lancaster  v.  Sut- 
ton, 16  Mass.  112  (1819). 

127.  A person  having  a settlement  on  the 
part  of  Bridgewater  •which  remains  Bridge- 
water,  removed  into  the  part  which  is  now 
East  Bridgewater,  and  would  have  gained  a 
settlement  there  by  owning  a freehold,  if  that 
part  had  then  been  a separate  town.  It  was 
held,  that  his  settlement  was  still  in  Bridge- 
water,  under  St.  1823,  c.  31,  incorporating 
East  Bridgewater,  which  provides  that  all 
persons  who  may  hereafter  become  charge- 
able as  paupers  to  Bridgewater  or  East 
Bridgewater,  shall  be  considered  as  belonging 


DIGEST  OF  DECISIONS 


81 


to  that  town  on  the  territory  of  which  they 
had  their  settlement  at  the  time  of  passing  the 
act.  East  Bridgewater  v.  Bridgewater , 2 
Pick.  572  (1824).  S qq  Bridgewater  x . West 
Bridgewater , 9 Pick.  55. 

128.  By  St.  1819,  c.  147,  by  which  a part 
of  the  town  of  P.  was  incorporated  as  a new 
town  by  the  name  of  H.,  it  is  enacted  that 
“the  poor  now  supported  by  the  town  of  P., 
and  all  such  who  may  hereafter  be  returned  for 
support  in  virtue  of  having  acquired  a settle- 
ment in  said  town,  shall  be  supported  in  the 
town  of  P.  or  H.,  as  they  shall  have  acquired 
their  settlement  within  the  territorial  limits  of 
either  town  as  described  in  this  act.”  It  was 
held,  that  this  provision  did  not  apply  to  a 
person  not  then  a pauper,  who  had  then  ac- 
quired a settlement  in  the  territory  set  off  as 
the  town  of  P.,  but  whose  dwelling-place  was 
within  the  territory  set  off  as  the  town  of  H., 
but  that  such  person,  upon  the  incorpora- 
tion of  H.,  acquired  a settlement  in  that 
town.  Hanson  v.  Pembroke , 16  Pick.  197 
(1834). 

129.  An  act  incorporating  a part  of  a town 
into  a separate  town,  provided  that  any  per- 
son who  might  have  gained  an  habitancy 
within  the  part  thus  incorporated,  and  who 
should  thereafter  need  to  be  supported  as  a 
poor  person,  should  be  supported  by  the  new 
town.  Held , that  a pauper  who  had  gained 
a settlement  on  that  part  of  the  territory 
which  continued  to  be  the  old  town,  but  had 
removed  into  the  other  part  before  it  was  in- 
corporated as  the  new  town,  retained  his  set- 
tlement in  the  old  town.  New  Braintreex. 
Boylston , 24  Pick.  164  (1833). 

130.  Parts  of  different  towns  formed  into  a 
new  town,  with  a provision  that  the  new 
town  should  support  all  the  poor  who  had 
their  legal  settlement  in  either  of  the  towns 
from  which  it  was  formed,  and  who  had  re- 
moved therefrom,  and  whose  dwelling-place 
or  home  was,  before  such  removal,  within 
the  limits  of  the  new  town.  Held,  that  this 
provision  did  not  include  those  poor  who  had 
removed  from  the  limits  of  the  new  town  into 
another  part  of  the  same  old  town,  and  from 
thence  into  another  town;  but  included  those 
only  whose  last  dwelling-place  or  home,  pre- 
vious to  such  removal,  was  within  the  limits 
of  the  new  town.  Sutton  v.  Dana,  1 Met.  383 
(1840). 

131.  Parts  of  different  towns  were  formed 
into  a district,  by  an  act  of  incorporation 
which  contained  a provision  that  the  inhabi- 
tants of  the  district  should  “ provide  for  the 
support  of  all  the  poor  who  were  inhabitants 
within  the  district  before  the  passing  of  the 
act,  and  shall  be  brought  back  for  maintenance 
hereafter.”  Held,  that  the  act  was  limited  to 
those  individuals  who  were  before  inhabitants 


| within  the  district,  and  might  be  brought  back, 
and  did  not  include  their  descendants.  Har- 
vard v.  Boxborough,  4 Met.  570  (1842). 

132.  St.  1842,  c.  5,  annexing  parts  of  two 
other  towns  to  the  town  of  Dana,  having  pro- 
vided that  if  persons  who  had  theretofore 
gained  a legal  settlement  in  said  annexed 
territory,  should  come  to  want  and  stand  in 
need  of  relief  and  support,  they  should  be 
relieved  and  supported  by  said  town  of  Dana, 
in  the  same  manner  as  if  they  had  gained  a 
settlement  in  that  town ; it  was  held,  that  the 
town  of  Dana  was  bound  to  support,  from  the 
time  the  statute  was  passed,  the  persons  who 
had  gained  or  derived,  in  the  way  mentioned 
in  said  section,  a legal  settlement  in  said 
annexed  territory,  and  who  might  stand  in 
need  of  relief  since  the  statute  was  passed, 
though  they  had  come  to  want  and  been 
relieved  as  paupers  before  it  was  passed. 
Dana  v.  Hardwick,  10  Met.  208  (1845). 

133.  The  third  section  of  St.  1811,  c.  133, 
for  dividing  the  town  of  Rehoboth,  and  es- 
tablishing the  town  of  Seekonk,  which  pro- 
vided that  one  half  of  the  paupers  for  which 
the  town  of  Rehoboth  was  chargeable,  includ- 
ing such  as  had  removed  therefrom,  if  law- 
fully returned  there  for  support,  should  be 
delivered  over  to  the  overseers  of  the  poor  of 
the  new  town,  to  be  there  supported,  did  not 
change,  as  to  the  settlement  of  the  paupers 
referred  to  in  such  act,  the  general  law 
relating  to  the  settlement  of  the  inhabitants 
of  a town,  upon  a division  thereof.  West- 
borough  v.  Rehoboth,  4 Cush.  185  (1849). 

134.  The  incorporation  of  the  town  of 
Essex  from  a part  of  the  town  of  Ipswich, 
does  not  exempt  the  latter  town  from  the 
support  of  a pauper  who  had  a settlement  in 
Ipswich  at  that  time,  and  resided  in  that 
part  of  the  town  which  continued  to  be 
Ipswich.  Salem  v.  Ipswich,  10  Cush.  517 
(1852). 

135.  Under  St.  1850,  c.  62,  which  divides 
the  town  of  Bradford,  and  incorporates  a 
portion  thereof  into  the  new  town  of  Grove- 
land,  and  which  provides  that  “the  paupers 
now  supported  by  the  town  of  Bradford,  and 
all  such  as  may  hereafter  require  support,  in 
virtue  of  having  acquired  a settlement  in  said 
town,  shall  be  supported  by  the  town  within 
the  territorial  limits  of  which  they  may  have 
acquired  a settlement,”  the  inhabitants  of 
Groveland  are  bound  to  support  all  paupers 
who  have  a settlement  within  the  territorial 
limits  of  that  town,  whether  such  settlement 
is  derivative,  or  has  been  acquired  by  their 
own  act.  North  Andover  v.  Groveland,  1 
Allen,  75  (1861). 

135  a.  When  an  act  incorporating  part  of  a 
town  and  constituting  it  a new  town  provides 
that  all  the  debts  due  to  or  from  the  original 


11 


82 


DIGEST  OF  DECISIONS. 


town  shall  be  divided  between  the  two  towns, 
in  proportion  to  the  state  valuation,  and  that 
the  poor,  with  which  the  original  town  was 
then  chargeable,  together  with  those  then  re- 
moved therefrom  and  afterwards  returning  for 
support,  shall  be  divided  in  the  same  propor- 
tion, — the  legal  construction  of  such  a pro- 
vision is,  that  the  debts  are  to  be  paid  to  or 
by  the  original  town,  who  may  be  compelled 
by  the  new  town  to  pay  over  to  it  its  propor- 
tion of  debts  received,  and  may  compel  such 
new  town  to  reimburse  its  proportion  of  debts 
paid ; and  that  the  charges  of  maintaining  the 
poor,  and  not  their  persons,  are  to  be  divided, 
each  town  having  a remedy  against  the  other 
for  a reimbursement  of  any  excess  of  such 
charges  beyond  its  due  proportion.  Brewster 
v.  Harwich , 4 Mass.  278  (1808). 

135  b.  Such  a provision  does  not  affect  the 
settlement  of  any  of  the  inhabitants  of  either 
of  the  towns.  Ib. 

(g)  By  Residence  and  paying  Taxes. 

St.  1793,  c.  34,  § 2 ; Rev.  Sts.  c.  45,  § 1 ; 
Gen.  Sts.  c.  .69,  § 1,  Twelfth  clause. 

136.  A citizen,  having  taxable  property, 
and  being  able  to  pay  the  taxes  assessed  upon 
him,  gains  a settlement  in  a town  by  dwelling 
there  for  ten  years  together,  and  half  that 
time  paying  state  and  town  taxes,  although 
he  is  omitted  in  the  county  tax.  Wrentham 
v.  Attleborough , 5 Mass.  430  (1809). 

136a.  In  order  to  gain  a settlement  under 
the  twelfth  clause,  a person  must  have  resided 
in  the  town  ten  years  together,  and  if  he  has 
been  absent  for  three  months  during  the 
term,  with  the  intention  not  to  return,  he 
does  not  gain  a settlement.  Billerica  v. 
Chelmsford , 10  Mass.  394  (1813). 

137.  One  residing  in  a town  more  than  ten 
years,  paying  taxes  for  more  than  five  of 
them  for  a small  piece  of  land,  which  the 
owner  of  it  permitted  him  to  occupy  at  a 
small  rent  for  one  year,  and  which  he  con- 
tinued to  occupy  for  the  other  years  without 
any  express  contract,  being  too  poor  to  pay 
the  rent  in  full,  was  held  to  have  acquired  a 
settlement  in  the  town.  Sudbury  v.  Stow , 
13  Mass.  462  (1816). 

138.  A person  having  removed  to  this 
state  from  Vermont,  resided  in  a town  in 
this  state  for  ten  years,  and  paid  taxes  there 
during  more  than  five  of  those  years.  It  was 
held,  that  he  acquired  a settlement  in  such 
town,  although  he  left  his  wife  and  children 
upon  his  farm  in  Vermont,  and  occasionally 
visited  them  there,  and  once  remained  there 
with  them  five  or  six  months,  during  the  ten 
years.  Cambridge  v.  Charlestown , 13  Mass. 
601  (1816). 


139.  The  payment  of  highway  taxes  for 
five  years,  by  labor,  with  the  requisite  resi- 
dence of  ten  years,  gave  a settlement  under 
St.  1793,  c.  34,  no  other  taxes  being  assessed 
upon  the  person  during  those  years.  Andover 
v.  Chelmsford , 16  Mass.  236  (1819). 

140.  A citizen  dwelling  in  a town  ten  years, 
and  having  taxable  property  five  of  those 
years,  does  not  gain  a settlement  in  the  twelfth 
mode  mentioned  in  St.  1793,  c.  34,  (Gen.  Sts. 
c.  69,)  if  the  assessors,  for  a sufficient  reason, 
omit  to  tax  him.  Reading  v.  Tewksbury , 2 
Pick.  535  (1824). 

141.  Where  a person  lived  in  a town  nine 
years  and  four  months,  and  then  absconded 
and  never  returned,  but  his  wife  remained 
there  eight  months  longer,  it  was  held,  that  he 
had  not  resided  there  ten  years  actually  or 
constructively,  and  so  had  not  gained  a settle- 
ment in  the  twelfth  mode  in  St.  1793,  c.  34. 
Athol  v.  Watertown,  7 Pick.  42  (1828). 

142.  Labor  performed  by  an  individual  in 
repairing  highways  to  the  amount  of  a high- 
way tax  irregularly  and  informally  assessed 
upon  him,  would  have  no  effect  towards  giv- 
ing him  a settlement.  Southampton  v.  East - 
hampton , 8 Pick.  380  (1829). 

143.  Where  the  assessors  assessed  more 
than  five  per  cent  over  and  above  the  sum 
committed  to  them  to  assess,  it  was  held,  that 
the  tax  was  not  “ duly  assessed,”  within  the 
meaning  of  the  statute  relative  to  gaining  a 
settlement.  Charlemont  v.  Conway , 8 Pick. 
408  (1829). 

144.  But  the  town  cannot  setup  this  defect, 
to  defeat  a settlement,  where  so  long  a time 
has  elapsed  since  the  payment  of  the  tax  that 
no  claim  for  reimbursement  could  be  sus- 
tained. Ib. 

145.  On  the  question  between  two  towns 
whether  a pauper  has  acquired  a settlement  in 
one  of  them  by  a residence  there  of  ten  years 
and  payment  of  all  taxes  for  any  five  years 
within  that  period,  the  fact  that  a highway 
tax  assessed  on  him  one  year  was  not  includ- 
ed in  his  tax  bill  of  the  ensuing  year,  raises 
a presumption  that  it  was  paid ; but  this  pre- 
sumption may  be  rebutted  by  evidence  to  the 
contrary.  Attleborough  v.  Middleborough,  10 
Pick.  378  (1830). 

146.  The  burden  of  proof  as  to  the  fact  of 
payment  of  such  highway  tax  is  upon  the 
party  alleging  that  a settlement  was  acquired 
in  the  mode  above  mentioned,  lb. 

147.  In  order  to  gain  a settlement  in  a town 
under  the  twelfth  mode  prescribed  by  St.  1793, 
c.  34,  § 2,  (Gen.  Sts.  c.  69,  § 1,)  a person 
must  pay  all  the  taxes  duly  assessed  upon  him 
for  five  out  of  the  ten  years  of  his  residence 
in  such  town;  and  it  is  not  sufficient  if  he 
pays  a part  only  of  such  taxes,  and  is  dis- 
charged from  the  payment  of  the  residue  by  a 


DIGEST  OF  DECISIONS. 


8:3 


St.  1793,  c.  34,  § 2,  (Gen.  Sts.  c.  G9,  § 1,)  viz  : 
residing  in  a town  ten  years  together  and  pay- 
ing taxes  five  of  them.  Robbins  v.  Townsend , 
20  Pick.  345  (1838). 

148.  Thq  mere  neglect  of  the  officers  of  a 
town  to  enforce  the  payment  of  a tax  which 
might  by  due  diligence  have  been  collected, 
will  not  have  the  same  operation  as  an  actual 
payment,  towards  giving  the  person  assessed 
a settlement  in  the  twelfth  mode  prescribed  by 
Taunton  v.  Middleborouqh,  12  Met.  35 
(1846). 

149.  A person,  although  he  has  no  settle- 
ment within  the  Commonwealth,  does  not 
acquire  a settlement  in  a town  by  residing 
there  ten  years  together,  and  paying  taxes  for 
five  of  those  years,  if  he  receives  aid  as  a 
pauper,  from  such  town,  before  the  expiration 
of  the  ten  years.  West  Newbury  v.  Bradford , 
3 Met.  428  (1841).  And  see  post , 160-171. 

150.  Or  if  he  is  supplied  by  the  town  in 
which  he  has  a settlement,  with  money  to  aid 
him  in  supporting  his  helpless  children, 
vote  of  the  town.  Shrewsbury  v.  Salem , 19 
Pick.  389  (1837). 

151.  A person  does  not  acquire  a settlement 
by  residing  in  a town  for  ten  years  together 
and  paying  all  taxes  assessed  upon  him  for 
five  years  within  that  time,  if  during  that  time 
the  town  has  paid  for  his  support  while  con- 
fined in  its  workhouse,  on  conviction  for  a 
criminal  offence.  Worcester  v.  Auburn , 4 Allen, 
574  (1862).  See  post , 160-171. 

152.  A person  does  not  gain  a settlement  by 
residing  in  a town  for  ten  years  together,  and 
possessing  real  and  personal  estate,  if  the 
assessors  omit  to  tax  him ; though  such  omis- 
sion is  not  on  account  of  his  infirmity  or 
poverty,  or  by  mistake,  but  in  order  to  prevent 
his  acquiring  a settlement;  evidence,  there- 
fore, that  a person,  who  has  resided  in  a 
town  ten  years  together,  possessed  such  estate, 
and  that  the  assessors  thus  omitted  to  tax  him, 
is  not  admissible  in  proof  of  his  having  gained 
a settlement  in  such  a town.  Berlin  v.  Bolton , 
10  Met.  115  (1845). 

153.  In  an  action  brought  by  one  town  against 
another  for  the  support  of  a pauper  and  his 
family,  evidence  that  the  pauper  left  his  former 
home  and  came  to  the  defendant  town  with  the 
intention  of  removing  his  family  there  as  soon 
as  practicable,  that  he  boarded  and  worked 
there  for  ten  years,  and  paid  taxes  there  five 
years  of  the  ten,  and  that,  a year  after  he  came, 
his  family  removed  there,  and  continued  to  re- 
side with  him  for  the  rest  of  the  ten  years, 
after  which  they  all  removed  to  the  plaintiff 
town,  is  sufficient  to  warrant  a finding  by  the 
jury  that  the  pauper  had  gained  a settlement 
for  himself  and  family  in  the  defendant  town. 
Fitchburg  v.  Wincheridon,  4 Cush.  190(1849). 

154.  In  order  to  prove  a settlement  in  the 


twelfth  mode  provided  by  statute,  by  a resi- 
dence and  the  payment  of  taxes  in  the  town 
where  the  settlement  was  alleged  to  be,  an 
original  document  preserved  amongst  the  re- 
cords of  the  town,  and  purporting  to  be  an 
assessment  of  taxes  for  the  year  1798,  was 
produced  in  evidence,  from  which  it  appeared 
that  taxes  to  the  amount  of  #3.03  were  as- 
sessed in  that  year  upon  the  individual  in 
question  for  his  poll  and  estate;  and  it  also 
appeared  in  evidence  that  the  entry  of  these 
taxes  on  the  bill  of  assessment  had  been  eras- 
ed by  having  a line  drawn  through  it,  and  that 
the  collector  for  the  year  1798  had  been  al- 
lowed a credit  with  the  treasurer  of  the  town 
for  a discount  of  said  taxes ; it  was  held,  that 
whether  the  production  of  the  bill  of 'assess- 
ment raised  any  presumption  of  the  payment 
of  the  taxes  so  assessed  or  not,  the  circum- 
stances stated  above  were  competent  evidence 
to  prove  that  the  taxes  in  question  were  not 
in  fact  paid.  Boston  v.  Weymouth.  4, Cush. 
538  (1849). 

155.  The  assessment  of  a tax  on  real  estate 
to  the  occupant,  and  the  payment  of  the  same 
by  him,  not  as  of  his  own  estate,  but  in  right 
of  another,  are  a sufficient  assessment  and 
payment  of  a tax,  within  the  twelfth  mode 
provided  by  statute,  for  acquiring  a settle- 
ment as  a pauper  in  the  town  where  the  occu- 
pant resides.  Randolph  v.  Easton , 4 Cush. 
557  (1849). 

156.  Insanity,  incurring  after  a person  has 
become  an  inhabitant  of  a town,  will  not  pre- 
vent his  acquiring  a settlement  by  living 
therein  ten  years  consecutively.  Chicopee 
v.  Whately , 6 Allen,  508  (1863). 

157.  The  rule  that  a domicil  once  acquired 
is  presumed  to  continue  until  a subsequent 
change  is  shown,  applies  to  cases  of  settle- 
ment. lb. 

158.  Absence  from  a town,  without  a defi- 
nite purpose  at  all  events  to  return  to  it  as  a 
home, will  not  interrupt  the  residence  requisite 
to  a settlement  under  the  twelfth  clause, 
until  a new  domicil  is  acquired  elsewhere. 
Worcester  v.  Wilbraham,  13  Gray,  586  (1859). 

159.  A citizen  of  this  state  resided  in 

Lenox  with  his  family  from  May,  1823,  till  the 
summer  of  1828,  when  he  left  Lenox  for  a 
temporary  purpose  and  remained  absent, with- 
out any  intention  of  changing  his  residence, 
until  the  latter  part  of  May,  1829,  when  he 
returned,  and  thereafter  resided  in  Lenox 
until  May,  1838,  paying  taxes  assessed  upon 
him  therein  yearly  from  1831  to  1838.  His 
wife  and  children  had  been  left  by  him  in 
Lenox  during  his  absence,  but  before  his 
return  removed  therefrom  without  his  consent 
or  knowledge.  Held , that  he  gained  a settle- 
ment in  Lenox  in  the  twelfth  mode.  Lee  v. 
Lenox , 16  Gray,  (1860). 


DIGEST  OF  DECISIONS 


b4 


(h)  How  prevented  by  being  relieved  as  a 
Pauper. 

160.  A person  does  not  acquire  a settlement 
in  a town  by  residing  therein  for  ten  years 
and  paying  taxes  during  five  of  those  years, 
if  before  the  expiration  of  the  ten  years  he 
became  poor,  and  was  relieved  by  the  over- 
seers of  the  poor  of  the  town  of  his  former 
settlement.  East  Sudbury  v.  Waltham , 13 
Mass.  460  (1816). 

161.  A person  does  not  acquire  a legal 
settlement  by  residing  in  a town  ten  years 
together  and  paying  taxes  for  any  five  of 
those  ten  years,  if  within  that  time  he  is  com- 
mitted to  jail,  and  while  there  applies  for  and 
receives  relief  as  a pauper  from  the  jailer. 
East  Sudbury  v.  Sudbury,  12  Pick.  1 (1831). 

162.  Where  one  resided  in  a town  for  ten 
years  together,  and  paid  all  taxes  assessed 
upon  him  for  five  of  those  years,  it  was  held, 
that  he  acquired  a settlement  therein,  not- 
withstanding his  wife  was,  at  the  same  time, 
receiving  support  as  a pauper  from  another 
town  in  which  she  resided,  it  not  appearing 
that  she  was  so  supported  at  his  request  or 
with  his  knowledge,  or  that  he  wras  ever 
applied  to  for  payment  of  the  expenses  thereof, 
or  that  he  was  unable  to  pay  them.  Berkeley 
v.  Taunton , 19  Pick.  480  (1837). 

163.  A person  will  not  acquire  a settlement 
by  living  three  years  successively  on  land  in 
which  he  has  an  estate  of  freehold  or  inheri- 
tance, if  in  the  course  of  that  period  he  receive 
relief  as  a pauper.  Breuster  v.  Dennis , 21 
Pick.  233  (1838).  Oakham  v.  Sutton , 13 
Met.  192  1847). 

164.  A person  could  not  acquire  a settle- 
ment in  a town  by  a residence  of  ten  years 
therein  and  paying  taxes  five  years  of  the  ten, 
if  during  that  time  he  applied  to  the  overseers 
of  the  town  for  aid,  and  they  supplied  his 
wants,  although  he  afterwards  paid  for  the 
supplies,  and  although  he  had  no  settlement 
in  the  Commonwealth.  West  Newbury  v. 
Bradford,  3 Met.  428  (1841),  overruling  on 
this  point  Mount  Washingtonx . Clarksburgh , 
19  Pick.  294  (1837). 

165.  A parent  does  not  gain  a settlement 
in  a town  by  residing  therein  ten  years  to- 
gether, and  paying  all  taxes  assessed  on  him 
for  five  of  those  years,  if,  during  such  resi- 
dence, he  is  supplied  by  the  town  in  which 
he  has  a settlement,  with  money  to  aid  him 
in  supporting  his  helpless  children.  Taunton 
v.  Middleborough,  12  Met.  35  (1846). 

166.  A person  who  has  a settlement  within 
the  Commonwealth  does  not  acquire  a new 
settlement  by  residing  in  a town  ten  years  to- 
gether, and  paying  taxes  for  five  of  those 
years,  if  his  wife  is  committed  to  a state  luna- 
tic hospital  upon  his  complaint  or  by  his  con- 
sent, and  receives  aid  from  the  Common- 


wealth as  a state  pauper,  before  the  expiration 
of  the  ten  years.  Charlestown  v.  Groveland, 
15  Gray,  (1860). 

167.  A citizen  of  the  United  States,  not 
having  a settlement  within  the  Commonwealth, 
does  not  gain  a settlement  in  a town  by  hav- 
ing a freehold  estate  therein,  and  living  on 
such  estate  three  years  successively,  if  before 
the  expiration  of  the  three  years  his  wife  is 
committed  to  a state  lunatic  hospital,  and  is 
there  supported  by  the  Commonwealth  as  a 
pauper,  although  he  did  not  request  or  consent 
toiler  commitment, if  he  knew  of  such  commit- 
ment. Woodward  v.  Worcester,  15  Gray, 
(1860). 

168.  Support  granted  to  a person  as  a pau- 
per by  the  overseers  of  the  poor  of  the  town 
in  which  he  has  a settlement,  will  prevent 
his  acquiring  a settlement  in  another  town  in 
which  he  resides,  although  the  act  of  the  over- 
seers, in  granting  such  support,  be  not  ratified 
by  the  town  of  whose  poor  they  are  over- 
seers. Oakham  v.  Sutton,  13  Met.  192 
(1847). 

169.  A man  does  not  obtain  a settlement, 
under  Rev.  Sts.  c.  45,  (Gen.  Sts.  c.  69,)  § 1, 
cl.  4,  in  a town  where  he  owns  a freehold,  if 
before  he  has  lived  therein  for  three  years 
successively  he  is  committed  to  a state  luna- 
tic hospital  and  there  supported  as  a pauper; 
although  his  family  continue  to  reside  on  his 
land  for  the  residue  of  the  three  years.  Choate 
v.  Rochester,  13  Gray,  92  (1859). 

170.  A person  does  not  acquire  a settlement 
by  residing  in  a town  for  ten  years  together 
and  paying  all  taxes  assessed  upon  him  for 
five  years  within  that  time,  if  during  that  time 
the  town  has  paid  for  his  support  while  con- 
fined in  its  workhouse,  on  conviction  for  a 
criminal  offence.  Worcester  v.  Auburn , 4 
Allen,  574  (1862). 

171.  It  is  the  reception  of  needed  support 
or  aid,  furnished  by  the  public,  which  prevents 
a person  from  gaining  a settlement,  although 
that  support  may  not  ultimately  be  at  the  ex- 
pense of  the  public.  Ib. 

(i)  How  lost  when  once  acquired. 

172.  A settlement  gained  in  another  state 
does  not  annul  a previous  settlement  in  a 
town  within  this  state.  Canton  v.  Bentley, 
11  Mass.  441  (1814).  Wilbraham  v.  Stur- 
bridge,  6 Cush.  61  (1850). 

173.  A wife  does  not  lose  her  settlement, 
derived  from  her  husband,  by  means  of  a di- 
vorce, except  for  a cause  which  shows  the 
marriage  to  have  been  void.  Dalton  v.  Bern - 
ardston,  9 Mass.  201  (1812).  See  Middle- 
borough  v.  Rochester,  12  Mass.  363. 

174.  A settlement  is  not  lost  until  another 
is  gained  wnthin  the  state ; therefore,  where  a 
pauper,  having  a settlement  derived  from  his 


DIGEST  OF  DECISIONS. 


85 


father,  removed  into  New  Hampshire,  and 
there  had  a son  born,  who  afterwards  came 
into  this  state  and  had  children,  it  was  held, 
that  these  children  had  a settlement  in  this 
state,  derived  from  their  great-grandfather. 
Townsend  v.  Billerica , 10  Mass.  411  (1813). 

175.  A person  does  not  lose  or  gain  a set- 
tlement by  reason  of  his  changing  his  domicil 
from  one  place  to  another  in  the  same  town. 
Dalton  v.  Hinsdale , 6 Mass.  501  (1810). 
Princeton  v.  West  Boylston,  15  Mass.  200 
(1818). 

170.  A person  having  a settlement  in  a 
town  in  Massachusetts,  but  living  in  Maine  at 
the  time  of  its  separation  from  Massachusetts, 
did  not  by  the  separation  lose  her  former  set- 
tlement. Middleborough  v.  Clark , 2 Pick. 
28  (1823). 

177.  Since  the  repeal  of  St.  1789,  c.  14,  by 
St.  1793,  c.  34,  a settlement  in  any  town  in 
this  commonwealth  is  not  lost  by  the  acquisi- 
tion of  a settlement  in  another  state,  while 
the  St.  of  1789  was  in  force.  Wilbraham  v. 
Sturbridge,  6 Cush.  61  (1850). 

178.  The  rule  that  a domicil  once  acquired 
is  presumed  to  continue  until  a subsequent 
change  is  shown,  applies  to  cases  of  settle- 
ment. Chicopee  v.  Whately,  6 Allen,  508 
(1863). 

III.  Actions  for  supporting  Paupers. 
(a)  Against  the  Pauper’s  Kindred. 

St.  1793,  c.  59.  Rev.  Sts.  c.  46.  Gen.  Sts. 
c.  70. 

179.  The  kindred  of  a pauper  cannot  be 
called  upon  to  contribute  to  his  support  ex- 
cept by  the  overseers  of  the  poor  of  the  town 
of  his  legal  settlement  or  by  others  of  his  kin- 
dred. Salem  v.  Andover , 3 Mass.  436  (1807). 

180.  The  only  remedy  for  a town  other 
than  that  wherein  he  is  settled,  which  has  pro- 
vided for  a pauper,  is  by  an  action  against 
the  town  where  he  has  his  settlement.  Ib. 

181.  The  terms  “such  poor  person,”  and 
“such  pauper”  in  Rev.  Sts.  c.  46,  §§  5,  6, 
(Gen.  Sts.  c.  70,  §§  4,  5,)  include  all  poor 
and  indigent  persons,  standing  in  need  of  re- 
lief. Hutchings  v.  Thompson , 10  Cush.  238 
(1852). 

182.  The  kindred  by  affinity  of  any  poor 
person  cannot  maintain  a complaint  under 
Rev.  Sts.  c.  46,  § 6,  (Gen.  Sts.  c.  70,  § 5.) 
against  the  father  of  such  poor  person,  for  the 
expenses  of  his  relief  and  support.  The  term 
“any  kindred”  extends  only  to  kindred  by 
consanguinity.  Farr  Flood,  11  Cush.  24 
(1853). 

183.  The  word  “kindred”  includes  only 
blood  relations.  A husband  is  not  of  kin  to 
his  wife,  nor  she  to  him.  Brookfield  v.  Allen, 
6 Allen,  586  (1863.) 


184.  Upon  a complaint  to  compel  kindred 
of  a poor  person  to  contribute  towards  bis 
support,  the  superior  court  have  power,  under 
Gen.  Sts.  c.  70,  § 11,  to  award  costs,  and 
no  appeal  lies  from  their  decision.  South 
Reading  v.  Hutchinson,  10  Allen,  68  (1865). 

(b)  By  Individuals  against  Towns. 

Sts.  1793,  c.  59 ; 1826,  c.  142 ; 1834,  c.  151. 
Rev.  Sts.  c.  46.  Gen.  Sts.  c.  70,  § 16. 

185.  Underr  St.  1793,  c.  59,  § 13,  an  action 
against  the  town  of  a pauper’s  legal  settle- 
ment, for  supplies  furnished  the  pauper,  could 
not  be  sustained  unless  the  plaintiff  was  an 
inhabitant  of  such  town.  Mitchell  v.  Cornville, 
12  Mass.  332  (1815).  But  the  provisions  of 
this  statute  were  changed  by  Rev.  Sts.  c.  46, 
§ 18  (Gen.  Sts.  c.  70,  § 16).  Underwood  v. 
Scituate,  7 Met.  214  (1843). 

186.  A surgeon,  who  has  performed  a 
difficult  and  necessary  operation  on  a pauper, 
not  resident  in  the  town  of  his  settlement, 
without  the  request  of  the  overseers  of  the 
poor  of  such  town,  has  no  right  of  action 
therefor  against  such  town.  Miller  v.  Somer- 
set, 14  Mass.  396  (1817). 

187.  Nor  can  a surgeon  recover  for  such 
services  from  the  town  where  the  pauper 
resided,  the  services  having  been  performed 
without  notice  and  request  made  to  the  over- 
seers of  the  poor  of  such  town.  Kittredge  v. 
Newbury , 14  Mass.  448  (1817). 

188.  Where  an  inhabitant  of  a town  incurs 
an  expense  for  the  relief  of  a pauper,  for 
which  the  town  is  liable  after  notice  and 
request  to  the  overseers  of  such  town,  such 
notice  and  request  need  not  be  in  writing. 
Watson  v.  Cambridge,  15  Mass.  286  (1818). 

189.  An  action  against  the  town  for  the 
reimbursement  of  such  expense  is  not  limited 
to  two  years  after  the  notice,  lb. 

190.  Under  St.  1793,  c.  59,  a town  in  which 
a prison  was  situated  was  liable  to  the  jailer 
for  the  support  of  a pauper  confined  in  prison 
for  debt,  whether  he  had  a legal  settlement 
in  any  other  place  or  not,  after  due  applica- 
tion to  the  overseers.  Cargill  v.  Wiscasset, 
2 Mass.  547  (1807).  Doggett  v.  Dedham,  Ib. 
564  (1805). 

191.  So  where  the  pauper  was  confined  for 
not  obeying  the  order  of  the  court  in  provid- 
ing for  the  maintenance  of  a bastard  child,  of 
which  he  had  been  adjudged  to  be  the  father. 
Say  ward  v.  Alfred,  5 Mass.  244  (1809). 

192.  Otherwise,  where  the  pauper  had  been 
committed  to  prison  for  a crime  against  the 
Commonwealth.  Adams  v.  Wiscasset,  5 
Mass.  328  (1809). 

192  a.  When  an  insane  person,  who  is  not 
able  to  pay  for  his  own  support,  is  confined 
in  a house  of  correction,  the  town  in  which 


86 


DIGEST  OF  DECISIONS. 


he  has  a settlement  is  liable  for  his  support  in 
such  house,  under  St.  1836,  c.  223,  (Gen.  Sts. 
c.  74,  § 6,)  if  he  have  no  parent,  master  or 
kindred,  liable  by  law  to  support  him.  Wat- 
son v.  Charlestown,  5 Met.  54  (1842). 

193.  Under  Sts.  1802,  c.  22,  § 2,  and  1826, 
c.  142,  the  master  of  a house  of  correction, 
after  his  accounts  had  been  allowed  and  cer- 
tified by  the  court  of  sessions,  might  maintain 
an  action  for  the  amount  allowed  by  that 
court  for  the  support  of  a pauper  duly  com- 
mitted to  the  house,  against  the  town  of  the 
pauper’s  settlement,  and  want  of  notice  to  the 
town  of  the  claim  afforded  no  defence  to  the 
action.  Wade  v.  Salem,  7 Pick.  333  (1828). 

193  a.  The  neglect  of  the  court  of  sessions 
to  establish  rules  to  govern  the  persons  com- 
mitted, to  provide . materials  for  their  em- 
ployment, and  to  keep  accounts  thereof,  as 
required  by  St.  1802,  c.  22,  was  no  defence  to 
an  action  by  the  master  of  a house  of  correc- 
tion against  a town.  Ib. 

193  b.  Where  the  accounts  of  the  master  of 
a house  of  correction  had  been  allowed  by  the 
court  of  sessions,  and  one  of  the  towns  charged 
in  them  appeared  by  counsel  and  contested 
their  allowance,  the  only  notice  to  the  town 
of  the  claim  having  been  given  at  the  court ; 
it  was  held,  in  an  action  by  the  master  against 
the  town,  to  recover  the  compensation  allowed 
by  the  court  of  sessions,  that  the  want  of  no- 
tice to  the  town  afforded  no  defence  to  the 
action ; but  that  the  record  of  the  court  of 
sessions  was  not  conclusive  as  to  the  liability 
of  the  town,  which  could  make  in  the  action 
any  defence  to  which  it  might  be  legally  en- 
titled. lb. 

194.  The  expense  incurred  on  account  of  an 
infant  nursing  at  the  breast  of  a woman  com- 
mitted to  a house  of  correction  may  be  recov- 
ered of  the  town  where  the  house  of  correc- 
tion is  situated,  after  notice  and  request,  but 
not  the  expense  of  extra  articles  of  food  fur- 
nished to  the  mother,  because  of  her  having  an 
infant  at  the  breast.  Watson  v.  Cambridge , 
18  Pick.  470  (1836). 

194  a.  Where  an  alien  woman,  having  a 
nursing  infant,  which  stood  in  need  of  imme- 
diate relief,  was  committed  to  a jail  or  house 
of  correction,  it  was  held,  that  such  infant 
was  not  within  the  provisions  of  any  of  the 
statutes  providing  for  the  support  of  convicts 
and  persons  confined  on  criminal  prosecu- 
tions. Ib. 

195.  Under  St.  1834,  c.  151,  § 10,  author- 
izing keepers  of  houses  of  correction  to  bring 
actions  in  certain  cases  for  the  support  of  con- 
victs against  the  towns  of  the  convicts’  settle- 
ment, a personal  presentation  of  an  account 
was  held  not  to  be  necessary,  but  a letter 
from  the  keeper  or  some  one  authorized  by 
him,  to  the  selectmen  of  the  town,  making  a j 


demand,  was  sufficient.  Evidence  of  the  au- 
thority of  the  agent  should  be  furnished  to 
the  selectmen  at  the  time  of  the  demand. 
Bobbins  v.  Weston,  20  Pick.  112  (1838). 

196.  But  a demand  made  under  the  author- 
ity solely  of  the  overseers  of  the  house  of  cor- 
rection in  Boston, was  held  to  be  insufficient, al- 
though afterwards  ratified  by  the  board  of  al- 
dermen. Bostonv.  Weston, 22  Y\ck.  211  (1839). 

197.  If  a person  agrees  with  a town  to  board 
a pauper  for  a year  at  the  rate  of  a dollar  a 
week,  and  the  pauper  dies  within  the  year,  so 
that  the  contract  cannot  be  fulfilled,  such  per- 
son is  entitled  to  recover,  on  an  implied 
promise,  for  the  part  of  the  contract  actually 
performed,  but  he  cannot  recover  for  the 
whole  year.  Willington  v.  West  Boylston , 
4 Pick.  101  (1826). 

198.  If  a pauper  is  ill  treated  or  insuffici- 
ently provided  for  by  an  individual  who  has 
agreed  with  the  town  to  support  him,  another 
individual  will  not  have  a right  to  support  him 
without  notice  to  the  town,  so  that  it  may  re- 
form the  abuse  or  make  other  provision  for 
the  pauper.  Worden  v.  Leyden,  10  Pick.  24 
(1830). 

199.  The  plaintiff, beingthe  guardian  of  a per- 
son whose  legal  settlement  was  in  the  town  of 
L.,and  who  was  incapable  of  labor,  and  had  no 
property  except  a small  pension,  informed  the 
overseers  of  the  poor  of  the  town  of  two  suc- 
cessive years  that  he  was  running  a risk,  as 
lie  was  obliged  to  become  responsible  for  the 
board  of  his  ward,  and  that  when  he  received 
the  pension  it  took  about  one  half  of  it  to  pay 
arrearages  due  for  the  board,  and  that  the 
town  must  take  the  risk.  The  ward  died, 
when  all  the  property  belonging  to  him  had 
been  exhausted  and  further  expenses  had  been 
necessarily  incurred  by  the  guardian.  It  was 
held,  that  the  ward  was  in  need  of  relief,  and 
that  the  plaintiff  was  entitled  to  recover  of  the 
town  for  the  expenses  incurred  by  him  for 
the  ward  subsequently  to  notice  and  request. 
Fiske  v.  Lincoln,  19  Pick.  473  (1837). 

200.  As  the  relation  of  guardian  and  ward 
subsisted  between  the  plaintiff  and  the  pauper, 
the  objection  that  the  plaintiff  was  not  obliged 
to  relieve  the  pauper  because  the  latter  was 
not  living  with  him  but  with  another  inhabi- 
tant of  the  town,  was  held  to  be  inapplicable. 
lb. 

201.  Where  the  plaintiff  made  a contract 
with  the  father  of  a female  child  to  take  her 
into  his  family,  and  for  her  services  to  main- 
tain her  in  sickness  and  in  health  during  the 
pleasure  of  the  parties,  and  afterwards,  when 
she  had  become  ill,  gave  notice  of  the  fact  to 
the  overseers  of  the  poor,  and  requested  as- 
sistance from  the  town  for  her  support,  it  was 
held,  that  as  he  had  not  given  the  father  notice 
of  his  wish  to  put  an  end  to  the  contract,  it 


DIGEST  OF  DECISIONS. 


87 


continued  in  force,  and  he  had  no  right  of  ac- 
tion against  the  town  for  supporting  the  child. 
Peters  v.  Westborough,  20  Pick.  500  (1838). 

202.  Since  the  Rev.  Sts.  c.  46,  § 18,  a per- 
son, though  not  an  inhabitant  of  the  town 
where  a pauper  falls  into  distress,  may  recover 
of  such  town  any  expense  necessarily  incurred 
by  him  for  the  relief  of  the  pauper  in  said  town, 
after  notice  and  request  made  to  the  overseers 
of  the  poor  of  the  town,  and  their  neglect  to 
provide  for  the  pauper.  Underwood  v.  Scit- 
uate,  7 Met.  214  (1843). 

203.  A physician,  an  inhabitant  of  the  town 
of  H.,  immediately  after  attending  upon  a per- 
son in  the  town  of  S.,  to  whom  he  had  been 
called,  and  who  had  received  a wound,  and  was 
proper  subject  of  relief  by  that  town,  gave 
notice  to  one  of  the  overseers  of  the  poor  of 
said  town,  that  said  person  needed  and  would 
need  surgical  assistance,  but  did  not  wish  to 
be  considered  a pauper.  He  also  requested 
said  overseer  to  inform  him  whether  the  town 
of  S.  would  pay  him  for  the  services  which 
he  had  rendered  and  which  it  would  be  neces- 
sary to  render.  The  overseers  of  the  poor  of 
S.  took  no  order  on  this  notice  and  request, 
and  neglected  to  make  any  provision  for  said 
person.  Held,  that  this  notice  and  request 
were  sufficient  to  entitle  the  physician  to  re- 
cover from  the  town  of  S.  compensation  for 
his  services  in  attending  upon  said  person 
until  he  was  cured.  Ib. 

204.  The  provision  in  the  Rev.  Sts.  c.  46,  § 
18,  (Gen.  Sts.  c.  70,  § 16,)  that  “ every  town 
shall  be  held  to  pay  any  expense  which  shall 
be  necessarily  incurred,  for  the  relief  of  a 
pauper,  by  any  person  who  is  not  liable  by 
law  for  his  support,  after  notice  and  request 
made  to  the  overseers  of  the  said  town,  and 
until  provision  shall  be  made  by  them,”  ap- 
plies only  to  expense  incurred  in  the  support 
of  a pauper  found  or  residing  in  the  town. 
Smith  v.  Coleraine , 9 Met.  492  (1845). 

205.  A.  agreed  with  the  town  of  C.  to  sup- 
port two  of  its  paupers,  for  one  year,  for  a 
certain  sum,  and  removed  them  into  an  adjoin- 
ing town,  where  they  were  supported  during 
the  year  at  his  charge  in  the  family  of  their 
son-in-law.  At  the  end  of  the  year  the  town 
agreed  with  B.  to  support  its  paupers  for  one 
year  at  a certain  sum.  The  said  two  paupers 
afterwards  remained  in  the  adjoining  town,  in 
the  family  of  their  son-in-law,  who  was  request- 
ed by  A.  to  support  them,  at  his  charge,  until 
they  should  be  removed  to  the  town  of  C.  A. 
also  gave  notice  to  the  overseers  of  the  town  of 
C.  that  said  paupers  were  on  his  hands,  and 
requested  the  overseers  to  provide  for  them. 
No  provision  was  made  for  said  paupers  by 
the  overseers,  and  they  were  supported  by 
their  son-in-law  at  A.’s  charge.  Held , that 
the  town  of  C.  was  not  bound  to  pay  to  A.  the 


expense  incurred  by  him  after  the  first  yean 
for  the  relief  of  these  paupers,  lb. 

206.  In  an  action  against  a town,  by  one  of 
the  inhabitants  thereof,  to  recover  for  the 
support  of  a pauper  therein,  the  plaintiff 
cannot  prevail,  unless  he  has  given  to  the 
overseers  of  the  poor  of  the  town  the  notice 
required  by  statute,  and  it  is  not  enough  to 
show  that  the  overseers  had  actual  knowledge 
that  the  pauper  wfts  at  the  plaintiff’s  house 
and  supported  by  him.  Walker  v.  Souihbridge, 

4 Cush.  199  (1849). 

207.  The  notice  and  request  to  overseers  of 
the  poor,  after  which  a town  is  made  liable  by 
the  statute  to  an  individual  for  expense  in- 
curred by  him  in  the  support  of  a pauper,  are 
conditions  precedent  to  such  liability.  Such 
request  must  be  an  intelligible  call  on  the 
overseers  to  take  charge  of  the  pauper  at  the 
expense  of  the  town,  and  must  be  made  by 
the  individual  himself  claiming  to  recover,  or 
by  his  agent  or  messenger.  Williams  v.  Brain- 
tree, 6 Cush.  399  (1850). 

208.  Where  the  plaintiff  had  been  rendering 
assistance  gratuitously  in  the  family  of  her 
married  daughter  for  some  weeks,  as  nurse 
and  housekeeper,  and  continued  her  services 
there  after  all  the  members  of  the  family  had 
become  ill  of  the  small  pox,  and  stood  in  need 
of  relief  as  paupers,  but  requested  another 
person  “ to  call  on  the  overseers  of  the  poor 
for  more  help,  or  a person  to  take  care  of  said 
paupers  instead  of  herself,  for  she  could  not 
stand  it  any  longer ; ” in  an  action  against  the  <* 
town  to  recover  for  services  subsequently 
rendered,  it  was  left  to  the  jury  as  a question 
of  fact,  to  find  whether  the  plaintiff  intended, 
by  such  message,  to  give  notice  to  the  over- 
seers that  she  should  thereafter  render  her 
services  on  the  credit  of  the  town,  or  only 
that  the  famliy  needed  further  assistance  in 
addition  to  her  services,  which  she  should 
continne  to  render  without  compensation.  It 
was  held,  that  the  plaintiff  had  no  ground  of 
exception  to  this  ruling.  Ib. 

209.  Where  a state  pauper,  for  whose  sup- 
port provision  is  made  in  one  town,  volun- 
tarily and  without  any  cause  of  complaint, 
leaves  the  place  of  such  support  and  goes  into 
another  town  where  he  is  not  in  any  need  of 
immediate  relief,  and  is  there  supported  by  an 
individual,  the  latter  acquires  no  cause  of  ac- 
tion thereby  against  the  last-mentioned  town. 
Shearer  v.  Shelburne , 10  Cush.  3 (1852). 

210.  If  the  municipal  authorities  of  a town 
have  provided  supplies  for  distribution  among 
those  out  of  the  almshouse  who  need  relief, 
upon  orders  of  the  overseers  of  the  poor,  and 
have  given  notice  thereof  to  the  overseers,  the 
latter  have  no  authority  to  contract  debts  in 
behalf  of  the  town  for  the  support  of  the  poor; 
and  one  who,  having  knowledge  of  the  facts, 


88 


DIGEST  OF  DECISIONS. 


furnishes  supplies  to  persons  settled  in  such 
town,  upon  orders  of  the  overseers,  cannot 
maintain  an  action  against  th  e town  to  recover 
for  the  same.  But  if  he  furnishes  supplies 
upon  such  orders  to  persons  settled  elsewhere, 
he  may  recover  from  the  town  the  amount  ac- 
tually received  by  it,  on  account  of  such 
supplies,  from  the  towns  which  were  liable  to 
support  the  persons  who  were  relieved  there- 
by. Ireland  v.  Newbury  port , 8 Allen,  73 
(1864). 

211.  Under  Gen.  Sts.  c.  70,  § 16,  an  indi- 
vidual cannot  recover  of  the  town  where  a 
pauper  has  his  settlement  for  necessary  relief 
fnrnished  to  the  pauper  in  another  town,  al- 
though the  former  town  has  made  provision, 
which  proves  inadequate,  for  the  pauper’s  sup- 
port in  the  latter  town.  Hawes  v.  Hanson, 
9 Allen,  134  (1864). 

(c)  By  Towns  against  Individuals. 

St.  1817,  c.  186,  § 5. 

212.  Prior  to  St.  1817,  c.  186,  a pauper 
was  not  liable  to  an  action  by  the  town  where- 
in he  had  his  lawful  settlement,  for  any 
moneys  paid  for  his  relief  as  a pauper.  Deer 
Isle  v.  Eaton , 12  Mass  327  (1815).  Medford 
v.  Learned,  16  Mass.  215  (1819). 

213.  St.  1817,  c.  186,  was  repealed  when 
the  revised  statutes  took  effect,  and  since  the 
passage  of  the  revised  statutes  a person 
relieved  as  a pauper,  whether  he  has  or  has 

* not  property,  is  not  liable  to  an  action  by 
the  town  to  recover  compensation  for  such 
relief.  Groveland  v.  Medford , 1 Allen,  23 
(1861). 

214.  The  only  claim  a town  now  has  upon 
the  property  of  a person  supported  as  a pau- 
per is  to  take  it  after  his  death,  if  he  was  at 
the  time  of  his  death  actually  chargeable  to 
the  town.  lb.  See  Gen.  Sts.  c.  70,  § 21; 
Haynes  v.  Welles,  6 Pick.  462. 

215.  One  who,  being  in  need  of  immediate 
relief  and  support,  has  received  the  same  from 
the  town  of  his  lawful  settlement,  is  not,  in 
the  absence  of  fraud,  liable  to  an  action  by  the 
town  therefor,  although  he  was  possessed  of 
property  at  the  time.  Stow  v.  Sawyer,  3 Al- 
len, 515  (1862). 

216.  If  the  overseers  of  the  poor  relieve 
the  wants  of  a wife  whose  husband  has  a legal 
settlement  in  another  town,  an  action  lies  at 
the  common  law  for  the  town  whose  overseers 
furnished  the  relief,  against  the  husband,  not- 
withstanding the  statute  remedy  against  the 
town  of  bis  settlement.  Hanover  v.  Turner, 
14  Mass.  227  (1817).  See  Brookfield  v.  Al- 
len, 6 Allen,  585. 

217.  A town  may  maintain  an  action 
against  an  individual  for  supplies  furnished  to 
his  wife  and  children,  if  they  stood  in  need  of 


support  as  paupers,  but  not  otherwise.  New 
Bedford  v.  Chace,  5 Gray,  28  (1855). 

218.  A town,  which  supports  a wife  neglected 
by  her  husband  and  standing  in  need  of  relief, 
may  recover  of  the  husband  the  amount  nec- 
essary for  her  support  as  a pauper,  but  not 
for  further  supplies  suitable  to  her  condition 
in  life,  but  not  necessary  for  a pauper.  Mon- 
son  v.  Williams,  6 Gray,  416  (1856). 

219.  A contract  made  with  the  brother  of  a 
female  pauper  by  a committee  appointed  by  a 
town  “ to  negotiate  the  case  ” of  that  pauper, 
and  signed  by  the  committee  in  their  own 
names,  the  terms  of  which  are,  that  the  brother 
shall  pay  the  town  a certain  sum  annually 
during  the  life  of  the  pauper,  and  release  all 
claim  to  a certain  fund  in  the  "hands  of  an- 
other relation  for  her  support,  and  the  town 
shall  support  her  and  save  him  harmless  from 
all  litigation  with  his  brothers  in  relation  to 
such  support,  which  contract  is  afterwards 
acted  upon  by  the  brother  and  the  town,  is 
valid,  and  binds  the  town,  though  not  ex- 
pressly ratified  by  them.  Palmer  v.  Ferry , 
6 Gray,  420  (1856). 

(d)  By  Towns  against  Towns. 

(1)  When  and  for  what  the  Action  will  lie  ; 
and  of  the  Pleadings,  Evidence  and  Trial. 

220.  A town  which  voluntarily  maintains 
a pauper  having  a settlement  in  another  town, 
cannot  recover  compensation  therefor  of  such 
other  town,  except  by  virtue  of  provisions  of 
statute,  or  on  an  express  promise.  Dalton  v. 
Hinsdale,  6 Mass.  501  (1810). 

221.  In  an  action  by  one  town  against 
another,  under  St.  1793,  c.  59,  § 9,  the  dec- 
laration must  aver  the  settlement  of  the 
pauper,  and  notice  to  the  defendant  town 
within  three  months  from  the  commencement 
of  the  expense.  Salem  v.  Andover,  3 Mass. 
436  (1807).  Wrentham  v.  Attleborough,  5 
Mass.  434  (1809). 

222.  Such  action  will  not  lie  if  notice  has 
not  been  given  to  the  defendant  town  until 
more  than  three  months  after  the  supplies 
have  ceased  to  be  furnished;  but  whether  this 
limitation  extends  to  the  expenses  of  the  re- 
moval or  burial  of  the  pauper,  qucere.  Bath 
v.  Freeport,  5 Mass.  325  (1809). 

223.  Where  notice  was  given  of  a paupers 
becoming  chargeable  in  March,  1811,  and 
again  in  October,  1812,  and  an  action  was  com- 
menced in  May,  1813,  the  defendant  town  was 
held  liable  only  for  the  expenses  incurred 
during  three  months  preceding  the  last  notice. 
Townsend  v.  Billerica,  10  Mass.  411  (1813). 
See  23  Pick.  158. 

224.  No  action  lies  in  behalf  of  another 
town  against  the  town  of  a pauper’s  settlement 
for  any  expenses  incurred  more  than  two 


DIGEST  OF  DECISIONS. 


89 


years  before  the  commencement  of  the  action. 
Readjitld  v.  Dresden , 12  Mass.  316  (1815). 

225.  The  notice  to  the  town  of  a pauper’s 
settlement  respecting  supplies  furnished  to  the 
pauper  by  another  town  must  have  been  given 
within  two  years  before  the  commencement  of 
an  action  by  the  latter  town  against  the  former 
to  recover  for  such  supplies,  in  order  to  main- 
tain such  action,  no  judgment  having  been 
recovered  in  any  former  action  concerning  the 
pauper’s  settlement  between  the  same  parties. 
Needham  v.  Newton , 12  Mass.  452  (1815). 

226.  Expenses  incurred  in  the  support  of  a 
pauper,  although  within  three  months  prior  to 
giving  the  notice  required  by  the  statute,  can- 
not be  recovered  if  they  arose  more  than  two 
years  before  the  commencement  of  the  action. 
Harwich  v.  Hallowed , 14  Mass.  184  (1817). 

227.  Although  the  same  plaintiffs  have,  in  a 
former  action,  recovered  from  the  same  de- 
fendants expenses  incurred  for  the  support  of 
the  same  pauper.  And  the  notice  given  before 
the  former  action  does  not  make  a new  notice 
unnecessary.  Hallowell  v.  Harwich , 14  Mass. 
186  (1817).  See  23  Pick.  159. 

228.  The  limitation  of  two  years,  within 
which  the  action  must  be  brought,  should  be 
computed  from  the  delivery  of  the  notice,  and 
not  from  its  date.  Uxbridge  v.  Seekonk , 10 
Pick.  150  (1830). 

229.  In  an  action  by  a town  for  the  support  of 
a pauper,  a charge  for  the  expense  and  trouble 
of  the  overseers  in  providing  for  the  abode 
and  support  of  the  pauper  cannot  be  recovered. 
Conway  v.  Deerfield , 11  Mass.  327  (1814). 

230.  A town  which  has  supported  paupers 

properly  chargeable  to  another  town  ought  to 
be  fully  indemnified  for  all  the  expense  prop- 
erly incurred,  but  not  for  an  extravagant 
sum,  paid  without  notice  to  such  other  town. 
Southbridge  v.  Charlton , 15  Mass.  248 

(1818).  But  see  Gen.  Sts.  c.  70,  § 14. 

231.  To  entitle  a town  which  has  supported 
a pauper  belonging  to  another  town,  to  recover 
an  indemnification,  it  is  not  necessary  that  the 
pauper  be  actually  resident  in  the  town  at  the 
time  of  giving  notice  to  the  town  in  which  he 
has  his  legal  settlement.  It  is  sufficient  that 
he  was  then  supported  at  the  expense  of  the 
town  so  giving  the  notice.  Marlborough  v. 
Rutland,  11  Mass.  483  (1814).  See  12  Pick.  6 ; 

1 Gray,  515. 

232.  When  a pauper  falls  into  distress  in  a 
place  other  than  that  of  his  settlement,  he  is 
to  be  relieved ; and  it  does  not  lie  with  the 
town  of  his  settlement  to  object,  in  an  action 
against  them  for  his  support,  that  he  was  able, 
but  unwilling,  to  provide  for  himself.  Paris 
v.  Hiram , 12  Mass.  262  (1815). 

233.  Where  an  inhabitant  of  the  town  of  A., 
after  a refusal  by  the  overseers,  had  himself 
supported  a pauper  having  his  lawful  settle- 

12 


ment  in  B.,  and  afterwards  recovered  satisfac- 
tion therefor  of  the  town  of  A.,  it  was  held, 
that  A.  could  not  maintain  an  action  against 
B.,  although  such  satisfaction  was  recovered 
within  twc^years,  the  original  expense  having 
been  incurred  more  than  two  years  before  the 
commencement  of  the  action.  Readfield  v. 
Dresden , 12  Mass.  316  (1815). 

234.  Where  an  individual  in  a town  gave 
notice  to  the  overseers  of  the  poor  that  he 
was  supporting  a pauper,  and  that  he  should 
look  to  the  town  for  his  pay,  and  the  overseers 
thereupon  gave  notice  to  the  town  where  the 
pauper  had  his  settlement,  that  he  had  become 
chargeable,  it  was  held,  that  the  first  town, 
though  they  had  not  paid  such  individual, 
might  maintain  an  action  against  the  other 
town  for  the  support  of  the  pauper.  Westfield 
v.  Southwick , 17  Pick.  68  (1835). 

235.  If  a town  relieves,  as  a pauper,  a per- 
son imprisoned  in  a jail  therein,  it  is  no  de- 
fence to  an  action  to  recover  compensation 
therefor  against  the  town  of  the  pauper’s  set- 
tlement, that  the  pauper  was  unlawfully  com- 
mitted to  the  jail.  Taunton  v.  Westport,  12 
Mass.  355  (18  i5) . 

236.  A town  is  not  liable  to  another  town 
for  the  support  of  an  alien  married  to  a woman 
having  a legal  settlement  in  the  defendant 
town.  Cambridge  v.  Charlestown,  13  Mass. 
501  (1816). 

237.  By  an  act  incorporating  a town  from 
part  of  an  old  one,  it  was  provided  that  the  two 
towns  should  bear  their  proportionate  part  of 
supporting  the  poor,  which  were  at  that  time 
relieved  by  the  elder  town.  Afterwards  the 
two  towns  made  an  agreement  that  if  any  per- 
son should  thereafter  be  returned  as  a pauper, 
having  a right  to  a support  from  the  elder 
town,  the  new  town  should  be  bound  to  sup- 
port him,  if  his  last  residence  had  been  in  that 
territory  which  constituted  the  new  town.  It 
was  held,  that  the  agreement  was  not  binding 
on  the  new  town,  and  that  it  was  not  bound  to 
support  a pauper  thus  situated.  Norton 
Mansfield,  16  Mass.  48  (1819). 

238.  Notwithstanding  the  proviso  in  St. 
1793,  c.  59,  § 9,  (Gen.  Sts.  c.  70,  § 12,)  an  ac- 
tion will  lie  against  a town  after  two  years, 
upon  a verbal  express  promise  of  the  over- 
seers of  the  poor  to  pay  the  expenses  incur- 
red in  supporting  a pauper  legally  chargeable 
to  the  town;  such  a promise  being  barred 
only  by  the  general  statute  of  limitations. 
Belfast  v.  Leominster , 1 Pick.  123  (1822). 

239.  The  obligation  imposed  on  a town  by 
statute  to  support  paupers  is  a good  consider- 
ation for  an  express  promise.  Ib. 

240.  A pauper,  for  whose  support  provision 
was  made  in  the  town  of  W.,  in  which  she 
had  a settlement,  went  into  the  adjoining 
town  of  N.  S.,  and  there  expenses  were  in- 


90 


DIGEST  OF  DECISIONS. 


curred  for  her  support,  although  the  pauper 
herself,  the  person  with  whom  she  there  re- 
sided, and  the  inhabitants  of  N.  S.,  all  knew 
that  a place  was  provided  for  her  in  W.,  to 
which  she  was  able  to  walk  withou'f  difficulty. 
Held,  that  N.  S.  could  not  recover  of  W.  for 
these  expenses.  New  Salem  v.  Wendell,  2 
Pick.  341  (1824). 

241.  Upon  a question  whether  a deceased 
person  had  a settlement,  his  declaration  that 
he  had  no  deed,  but  a writing  to  give  him  a 
deed,  of  certain  land,  was  admitted  to  rebut 
the  presumption  arising  from  long  possession 
by  himself  and  his  grantee,  that  he  was  seised 
of  an  estate  in  freehold.  West  Cambridge  v. 
Lexington,  2 Pick.  536  (1824). 

242.  Where  a pauper,  after  an  action 
brought  by  one  town  against  another  to  re- 
cover expenses  incurred  in  his  support,  con- 
tinues chargeable  to  the  plaintiffs,  to  sustain 
an  action  for  the  new  expenses,  brought  pend- 
ing the  first,  a new  notice  is  required.  Wal- 
pole v.  Hopkinton , 4 Pick.  358  (1827). 

243.  Whether  a town  can  at  any  time  set 
up  their  own  illegal  proceedings  or  those  of 
their  officers,  in  the  assessment  of  a tax,  after 
the  tax  has  been  paid,  to  defeat  a settlement 
gained  thereby,  qucere.  But  where  so  long  a 
time  had  elapsed  since  the  payment  of  the 
tax  that  no  claim  for  reimbursement  could  be 
sustained,  it  was  held,  that  they  could  not. 
Charlemont  v.  Conway,  8 Pick.  408  (1830). 

244.  Where  the  assessors  assessed  more 
than  five  per  cent,  over  and  above  the  sum 
committed  to  them  to  assess,  it  was  held,  that 
the  tax  was  not  duly  assessed,  within  the 
meaning  of  St.  1793,  c.  34,  relative  to  gaining 
a settlement  (Gen.  Sts.  c.  69,  § 1,  cl.  12). 
lb. 

245.  In  an  action  brought  by  the  town  of 
W.  against  the  town  of  O.  for  expenses  in- 
curred in  the  support  of  a pauper,  on  the 
question  whether  the  pauper  derived  a settle- 
n^nt  in  0.  from  his  grandfather  through  his 
father,  it  was  held,  that  copies  of  a deed  exe- 
cuted by  the  grandfather  in  1754,  in  which  he 
was  described  as  being  of  0.,  and  of  his  last 
will,  made  in  1758,  in  which  he  was  described 
as  “ now  resident  in  O.,”  were  admissible  ev- 
idence to  prove  that  the  grandfather  gained  a 
settlement  in  O.  under  Prov.  St.  12  & 13 
Will.  III.  c.  10.  Ward  v.  Oxford , 8 Pick. 
476  (1829). 

246.  Held,  also,  that  evidence  proving  that 
the  grandfather,  for  a long  time  before  1754, 
had  a settlement  in  the  town  of  S.,  and  that 
afterwards,  for  years  previous  to  1784,  the 
father  of  the  pauper  was  supported  as  a pau- 
per by  S.,  was  admissible  to  rebut  the  pre- 
sumption arising  from  the  description  of  the 
grandfather  in  the  will  and  deed.  Ib. 

247.  In  an  action  between  two  towns  to  re- 


cover the  amount  of  expenses  incurred  by  the 
plaintiff  town  in  relieving  a person  whose  set- 
tlement was  in  the  defendant  town,  the  fact  that 
such  person  might,  by  going  a short  distance, 
have  obtained  of  his  debtor  as  much  money  as 
was  expended  for  his  relief,  was  held  not  to 
be  conclusive  evidence  that  he  was  not  a pau- 
per. Sturbridqe  v.  Holland,  11  Pick.  459 
(1831). 

248.  But  if  he  was  not  a pauper,  evidence 
is  admissible  to  show  that  he  was  in  distress, 
under  such  circumstances  as  to  require  im- 
mediate aid  from  the  plaintiffs.  Ib. 

249.  Where  a pauper  whose  legal  settle- 
ment was  in  the  town  of  S.  was  relieved  by 
the  overseers  of  the  poor  of  the  town  of  C., 
and  upon  notice  the  expenses  were  reimbursed 
by  the  overseers  of  the  poor  of  the  town  of  E. 
S.,  upon  the  supposition  that  his  legal  settle- 
ment was  in  E.  S.,  it  was  held,  that  the  town 
of  E.  S.  could  not  maintain  an  action  for  re- 
payment against  the  town  of  S.  East  Sud- 
bury v.  Sudbury,  12  Pick.  1 (1831). 

250.  Under  St.  1793,  c.  59,  § 9,  (Gen.  Sts. 
c.  70,  § 12,)  whereby  a town  furnishing  sup- 
port to  a pauper  may  be  entitled  under  cer- 
tain circumstances  to  recover  against  the 
town  in  which  the  pauper  has  his  settlement, 
for  expenses  incurred  within  a period  of 
three  months  before,  and  two  years  after, 
notice  of  the  pauper’s  having  become  charge- 
able, it  is  immaterial  whether  the  support  has 
been  continuous  or  only  occasional.  Attle- 
borough v.  Mansfield,  15  Pick.  19  (1833). 

251.  In  an  action  by  one  town  against  an- 
other to  recover  expenses  incurred  in  the  sup- 
port of  a pauper,  it  was  held,  that  a notifica- 
tion addressed  to  the  pauper  by  an  inhabitant 
of  a third  town,  warning  him  to  attend  a dis- 
trict school  meeting  therein,  was  competent 
for  the  purpose  of  proving  that  the  pauper  re- 
sided at  that  time  in  such  third  town,  it  being 
testified  by  such  inhabitant  that  he  delivered 
the  notification  to  the  pauper.  West  Boyls- 
ton  v.  Sterling,  17  Pick.  126  (1835). 

252.  In  an  action  between  two  towns,  it 
appeared  that  paupers  having  their  settlement 
in  the  defendant  town  received  support  and 
medical  attendance  in  the  plaintiff  town,  and 
within  thirty  days  after  notice  of  that  fact 
from  the  plaintiff's,  the  defendants  made  a con- 
tract with  a person  living  in  the  plaintiff  town, 
at  whose  house  the  paupers  were,  to  keep 
them  at  the  defendants’  expense,  and  made 
provision  for  medical  attendance ; which  the 
defendants  made  known  immediately  to  one 
of  the  overseers  and  one  of  the  selectmen  of 
the  plaintiff'  town,  and  offered  to  settle  with 
them  for  the  relief  already  furnished ; where- 
upon the  overseer  and  selectman  made  out  a 
bill,  charging  the  defendants  at  the  rate  of  one 
dollar  a week  for  each  of  the  paupers,  and  an 


DIGEST  OF  DECISIONS. 


91 


item  for  the  funeral  expenses  of  one  of  them, 
and  the  overseer  receipted  it  and  received  the 
amount  of  it  from  the  defendants.  The  pau- 
pers not  being  afterwards  removed  by  the  de- 
fendants before  the  expiration  of  the  thirty 
days,  the  plaintiffs  brought  an  action  to  re- 
cover the  full  amount  of  the  expenses  incur- 
red by  them  ; but  it  was  held,  that  the  settle- 
ment made  by  the  parties  was  a bar  to  the 
plaintiffs’  claim.  Medway  v.  Milford , 21 
Pick.  349  (1838). 

253.  On  the  question  of  a pauper’s  settle- 
ment, which  depended  on  the  settlement  of  an 
ancestor  acquired  by  his  dwelling  in  a house 
on  or  near  the  boundary  line  between  two 
towns, which  house  was  pulled  down  a long  time 
ago,  it  was  held,  that  the  declarations  of  aged 
persons,  since  deceased,  who  lived  in  its  vicin- 
ity, made  while  it  was  occupied  by  the  ances- 
tor, were  admissible  to  show  the  position  of 
the  house  in  relation  to  the  dividing  line  be- 
tween the  two  towns.  Abington  v.  North 
Bridgewater , 23  Pick.  170  (1840). 

254.  In  an  action  by  one  town  against  an- 
other for  the  support  of  a pauper,  who  was 
the  illegitimate  son  of  a married  woman,  the 
plaintiff  town  having  proved  her  settlement  to 
have  been  originally  in  the  defendant  town,  it 
was  held,  that  the  burden  of  proof  was  on  the 
defendant  town,  to  show  that  the  husband  had 
a settlement  in  some  other  town  in  the  Com- 
monwealth, and  so  that  her  settlement  was 
changed  by  her  marriage,  and  not  on  the 
plaintiffs  to  prove  that  the  husband  either  had 
his  settlement  in  the  defendant  town  or  had 
no  settlement  in  the  Commonwealth.  (Put- 
nam, J.  dissenting.)  Randolph  v.  Easton , 23 
Pick.  242  (1840). 

255.  Where  it  is  shown,  in  a suit  against  a 
town  for  the  support  of  a pauper,  that  his  per- 
sonal property  was  set,  in  the  valuation  of  the 
estates  of  the  town,  at  the  sum  mentioned  in 
St.  1793,  c.  34,  and  Rev.  Sts.  c.  45,  (Gen. 
Sts.  c.  69,  § 1,  cl.  5,)  and  that  he  was  assessed 
for  the  same  for  five  successive  years,  such 
town  cannot  avail  itself  of  the  objection  that 
there  was  not  in  the  valuation  any  schedule  or 
description  of  the  property  as  directed  by 
statute.  Boston  v.  Dedham , 4 Met.  178 
(1842). 

256.  Under  the  Rev.  Sts.  c.  143,  §§  15,  16, 
(Gen.  Sts.  c.  178,  §§  57,  58,)  which  provide 
that  the  expense  of  supporting  a pauper  in  a 
house  of  correction  “ may  be  recovered  of  the 
town  wherein  he  shall  have  his  lawful  settle- 
ment,” the  town  in  which  he  has  a settlement 
when  such  expense  is  incurred,  is  liable  there- 
for, although  he  gains  a settlement  in  another 
town  before  such  expense  is  audited  and  cer- 
tified by  the  overseers  of  such  house.  Boston 
v.  Amesbury,  4 Met.  278  (1842). 

257.  The  persons  and  corporations  that  are 


made  conditionally  liable  by  Rev.  Sts.  c.  143, 
§§  15,  16,  (Gen.  Sts.  e.  178,  §§  57,  58,)  for  the 
support  of  persons  committed  to  a house  of 
correction,  cannot  be  held  to  pay  for  such 
support,  unless  the  account  thereof  be  audited 
and  certified  by  the  overseers  of  such  house 
within  the  time  prescribed  by  those  statutes. 
lb. 

258.  Where  a pauper  was  confined  in  a 
house  of  correction  from  December  1836  to 
April  1837,  and  the  account  of  the  expense  of 
his  support  was  not  audited  and  certified  by 
the  overseers  until  January  1839,  it  was  held, 
that  the  town  in  which  he  had  his  settlement 
was  not  liable  for  such  support,  lb. 

259.  A town  in  which  a convict  who  is 
committed  to  a house  of  correction,  has  a set- 
tlement, is  not  liable  by  any  statute  to  pay  the 
expense  of  supporting  him  in  such  house, 
unless  he  be  committed  by  virtue  of  the  fifth 
or  sixth  section  of  c.  143  of  the  revised  stat- 
utes (Gen.  Sts.  c.  161,  § 21;  c.  165,  § 28). 
Boston  v.  Dedham , 8 Met.  513  (1844). 

259  a.  Persons  committed  to  a house  of 
correction  under  St.  1787,  c.  54,  as  rogues, 
common  vagabonds,  common  beggars,  or 
other  idle,  disorderly,  or  lewd  persons,  are 
there  maintained,  not  as  paupers,  but  as 
criminals,  and  previously  to  the  passing  of 
St.  1826,  c.  142,  the  keeper  of  such  house,  in 
order  to  recover  of  the  towns  where  such 
persons  have  their  settlements,  the  expenses 
incurred  for  their  support,  must  have  made  a 
demand  in  writing  in  accordance  with  the  re- 
quirements of  St.  1802,  c.  22,  § 2.  Boston  v. 
Westford,  12  Pick.  16  (1831). 

259  b.  Where,  in  an  action  instituted  under 
Sts.  1824,  c.  28,  § 3;  1834,  c.  151,  § 10;  and 
Rev.  Sts.  c.  143,  § 16,  to  recover  expenses 
incurred  for  the  support  of  a prisoner  in  the 
house  of  correction  in  Boston,  it  appeared 
that  the  demand  of  payment,  which  is  a pre- 
requisite to  the  institution  of  such  an  action, 
was  made  by  a person  deriving  his  authority 
neither  from  the  city  nor  from  the  master  of 
the  house  of  correction,  but  solely  from  the 
overseers  of  the  house  of  correction,  it  was 
held,  that  such  demand  was  insufficient. 
Boston  y.  Weston , 22  Pick.  211  (1839).  See 
Gen.  Sts.  c.  178,  §§  57-59. 

260.  When  a town,  on  receiving  notice  that 
one  of  its  paupers  is  supported  in  another 
town,  replies  to  the  notice  by  denying  that  his 
settlement  is  in  the  town,  and  neither  removes 
him  nor  makes  any  provision  for  his  support, 
it  is  liable,  without  any  new  notice,  for  the 
expenses  incurred  by  the  other  town  for  his 
support,  after  the  notice  as  well  as  before, 
until  suit  brought.  Topsfield  v.  Middleton , 8 
Met.  564  (1844). 

261.  The  town  of  D.,  on  receiving  notice 
from  the  town  of  P.,  that  certain  paupers, 


92 


DIGEST  OF  DECISIONS. 


whose  settlement  P.  alleged  to  be  in  D.,  were 
supported  in  P.,  immediately  paid  the  expense 
that  had  been  incurred  by  P.  for  their  support, 
removed  part  of  the  paupers  to  D.,  and  made 
provision  for  the  support  of  the  others  in  P. 
for  the  term  of  about  forty  days.  Within  two 
months  from  the  time  of  receiving  said  notice 
from  P.,  the  overseers  of  the  poor  of  D.  re- 
plied to  that  notice,  denying  that  D.  was  liable 
to  support  said  paupers,  and  refusing  to  pay 
P.  for  any  further  support  of  them.  Held , 
that  the  town  of  P.  could  not  maintain  an 
action  against  the  town  of  D.  for  the  subse- 
quent support  of  said  paupers,  without  first 
giving  1).  a new  notice.  Palmer  v.  Dana,  9 
Met.  587  (1845). 

262.  In  an  action  against  a town  to  recover 
for  the  support  of  a pauper  whose  settlement 
was  once  in  that  town,  the  burden  of  proving 
that  he  afterwards  acquired  a settlement  in 
another  town,  is  on  the  defendants.  Oakham 
v.  Sutton , 13  Met.  192  (1847). 

263.  In  an  action  for  the  support  of  a pau- 
per, whose  settlement  is  proved  to  have  once 
been  in  the  town  defending,  the  burden  of 
proving  that  he  has  since  acquired  a new  set- 
tlement by  residing  for  the  space  of  ten  years 
together  in  another  town,  is  upon  the  defend- 
ant town.  Worcester  Wilbraham,  13  Gray, 
586  (1859). 

264.  Grants  of  land  are  admissible  in  evi- 
dence as  circumstances  tending  to  show  that 
the  grantee,  at  their  respective  dates,  dwelt  in 
that  part  of  the  town  in  which  the  land  was. 
Hingham  y.  South  Scituate , 7 Gray,  229 
(1856). 

265.  In  an  indenture  of  partition  of  lands 
in  1744  among  the  heirs  of  one  deceased  in 
1742,  a description  of  one  parcel  as  “fifty- 
nine  acres  of  land  lying  in  S.,  being  part  of 
the  homestead  of  the  said  deceased,”  is  no 
evidence  of  his  having  had  a dwelling  in  S.  in 
1695.  Ih. 

266.  A description,  in  a town  record,  of  land 
laid  out  in  1696,  as  “ adjoining  to  the  fence  of 
C.’s  home  pasture,”  is  admissible  against  a 
town  subsequently  created  out  of  part  of  that 
town,  to  prove  that  C.  then  dwelt  in  that  part 
of  the  town  in  which  the  land  was.  lb. 

267.  By  St.  1853,  c.  338,  § 3,  dividing  the 
town  of  Middleborough,  and  incorporating  a 
part  of  it  into  a new  town  called  Lakeville,  it 
is  provided  that  the  said  towns  “ shall  here- 
after be  respectively  liable  for  the  support  of 
all  such  persons,  who  now  are  relieved,  or 
hereafter  may  be  relieved,  as  paupers,  whose 
settlement  was  gained  by,  or  derived  from  a 
residence  within  their  respective  limits.”  In 
an  action  against  the  town  of  Middleborough 
to  reci  ver  for  expenses  incurred  in  the  sup- 
port of  a pauper,  it  was  held,  that  the  burden 
of  proof  was  on  the  plaintiff  to  show  that  the 


pauper  gained  a settlement  in  Middleborough 
from  a residence  within  its  present  limits ; and 
that  it  was  not  sufficient  to  show  that  the 
pauper  had  a settlement  in  the  old  town  of 
Middleborough,  without  proving  that  such 
settlement  was  not  gained  by  a residence 
within  the  limits  of  Lakeville.  New  Bedford 
v.  Middleborough,  16  Gray,  (1860).  And 
see  Hingham  v.  South  Scituate,  7 Gray,  230, 
231. 

268.  The  town  of  a pauper’s  settlement  is 
not  liable  to  another  town  in  which  the  pauper 
becomes  furiously  insane  and  falls  into  dis- 
tress, for  the  expenses  of  his  removal  to  an 
asylum  for  the  insane  in  another  state,  and 
for  his  support  and  medical  attendance  there, 
even  though  a removal  to  some  asylum  be 
necessary  to  the  comfort  and  relief  of  the 
pauper,  and  as  a matter  of  economy  and  hu- 
manity. Deerfield  v.  Greenfield,  1 Gray,  514 
(1854). 

269.  Under  Rev.  Sts.  c.  46,  § 13,  (Gen.  Sts. 
c.  70,  § 12,)  a town  which  has  furnished  relief 
to  a person  found  therein  and  standing  in  need 
of  immediate  relief  may  recover  the  expenses 
thereof  from  the  town  of  his  settlement,  al- 
though sufficient  provision  may  have  been 
made  for  his  general  support  by  his  father’s 
will.  Groveland  v.  Medford,  1 Allen,  23 
(1861). 

270.  A town  which  has  paid  money  for  the 
support  of  a criminal  in  its  workhouse  cannot 
maintain  an  action  to  recover  the  same  from 
the  town  where  he  had  his  settlement.  Wor- 
cester v.  Auburn , 4 Allen,  574  (1862). 

271.  In  an  action  to  recover  for  expenses 
incurred  in  support  of  a pauper,  against  a 
town  in  which  his  settlement  is  sought  to  be 
established  by  reason  of  a marriage  existing 
before  the  passage  of  St.  1845,  c.  222,  (Gen. 
Sts.  c.  107,  § 2,)  it  cannot  be  shown  in  defence 
that  the  marriage  was  invalid  by  reason  of  the 
insanity  of  one  of  the  parties.  Goshen  v. 
Richmond,  4 Allen,  458  (1862). 

272.  If  a person  whose  settlement  is  in  dis- 
pute is  proved  to  have  removed  from  one  town 
to  another,  a new  trial  will  not  be  granted  on 
account  of  the  admission  of  evidence,  for  the 
purpose  of  proving  his  domicil  in  the  latter 
town,  that  he  came  to  the  latter  town  and  said 
that  he  had  sold  out  at  the  former  town,  and 
had  come  down  and  wanted  to  go  to  work ; 
provided  no  special  request  was  made  for  an 
instruction  to  the  jury  that  his  declaration  was 
not  of  itself  competent  evidence  of  the  fact 
of  his  selling  out  in  the  former  town.  Mon- 
son  v.  Palmer , 8 Allen,  551  (1864). 

273.  The  admission  of  an  overseer  of  the 
poor,  in  giving  directions  for  a pauper’s  relief 
to  one  who  has  the  care  of  the  town’s  poor, 
that  the  pauper  has  a settlement  in  the  town, 
derived  from  an  ancestor,  is  not  competent 


DIGEST  OF  DECISIONS. 


93 


evidence  against  the  town  in  an  action  subse- 
quently brought  against  it  by  another  town  for 
another  cause,  in  which  the  settlement  of  an- 
other pauper,  which  depends  upon  the  settle- 
ment of  that  ancestor,  is  in  controversy. 
Dartmouth  v.  Lakeville,  7 Allen,  284  (1863). 

274.  The  admission  of  overseers  of  the  poor, 
in  a binding-out  indenture,  that  a certain  pau- 
per is  chargeable  to  their  town,  and  their  acts 
in  paying  bills  to  other  towns  for  his  support, 
are  not  admissible  in  evidence  against  the 
town  in  a litigation  growing  out  of  subsequent 
acts,  for  the  purpose  of  showing  that  he  and 
his  descendants  have  their  settlement  therein. 
In  performing  these  duties,  they  act  as  public 
officers,  and  not  as  agents  of  the  town.  New 
Bedford  v.  Taunton , 9 Allen,  207  (1864). 

(2)  Of  the  Notice. 

275.  Notice  from  one  town  to  another,  to 
obtain  the  removal  of  a pauper  or  a reim- 
bursement of  the  expenses  of  a pauper’s  sup- 
port, is  sufficient,  if  it  be  given  to  one  of  the 
overseers  of  the  town  on  which  the  claim  is 
made ; but  it  must  be  in  writing,  and  signed 
by  a major  part  of  the  overseers  of  the  town 
giving  the  notice,  or  perhaps  by  an  agent  duly 
authorized  by  the  town.  Dalton  v.  Hinsdale, 
6 Mass.  501  (1810). 

276.  A notice  was  held  to  be  sufficient  which 
stated  that  the  pauper  had  her  settlement  in 
the  defendant  town  ; that  she  was,  at  the  time 
of  the  notice,  resident  in  the  plaintiff  town; 
that  she  required  support,  and  that  it  had  been 
afforded  to  her  by  the  plaintiff’s  overseers ; 
and  that  the  same  was  charged  to  the  defend- 
ant town ; and  requested  her  removal.  Quin- 
cy v.  Braintree , 5 Mass.  86  (1809). 

277.  It  is  unnecessary  that  the  notice  should 
state  the  facts  which  would  show  a legal  settle- 
ment of  the  pauper  in  the  defendant  town,  or 
the  manner  in  which  the  settlement  was  ob- 
tained. lb.  Northfield  v.  Taunton , 4 Met. 
437  (1842). 

278.  A notice  to  a town  to  be  charged  with 
the  support  of  a pauper,  signed  by  one  over- 
seer of  the  poor,  by  order  of  all  the  overseers, 
is  sufficient.  Westminster  v.  Bernardston, 
8 Mass.  104  (1811).  And  see  4 Mass.  275. 

279.  Under  the  Rev.  Sts.  c.  46,  § 19,  (Gen. 
Sts.  c.  70,  § 17,)  a notification,  signed  by 
“J.  D.,  chairman  of  the  board  of  overseers 
of  the  poor”  of  a town,  and  sent  to  the  over- 
seers of  the  poor  of  another  town,  requesting 
them  to  remove  a pauper,  is  sufficient,  if 
otherwise  in  due  form.  Northfield  v.  Taun- 
ton, 4 Met.  433  (1842). 

280.  Although  a notification,  given  by  over- 
seers of  the  poor,  stating  that  A.  and  his  wife 
and  four  children  have  become  chargeable, 
&c.,  is  defective,  if  A.  hare  more  than  four 
children  in  his  family,  yet  if  such  notification 


be  answered,  without  objection  to  its  gener- 
ality, that  objection  is  thereby  waived,  lb. 
Commonwealth  v.  Dracut , 8 Gray,  455 
(1857). 

281.  A notice  from  the  overseers  of  one 
town  to  those  of  another  that  “ the  family  of 
J.  S.”  has  become  chargeable,  was  held  to  be 
too  general ; but  the  answer  of  the  other  town 
denying  the  settlement,  but  taking  no  excep- 
tion to  the  deficiency  of  the  notice,  it  was  held, 
that  the  objection  was  waived.  Embden  v. 
Augusta , 12  Mass.  307  (1815). 

282.  A town  sent  a notice  to  another  town 
that  “A.  B.  and  his  family”  had  become 
chargeable,  and  had  their  lawful  settlement 
in  such  other  town.  An  answer  was  returned 
that  A.  B.  had  no  such  settlement,  no  objec- 
tion being  taken  to  the  sufficiency  of  the  no- 
tice as  to  the  family.  It  was  held,  that  such 
objection  was  waived.  Shutesbury  v.  Oxford , 
16  Mass.  102  (1819). 

283.  All  objections  to  the  sufficiency  of  a 
notice  to  charge  a town  with  the  support  of  a 
pauper  are  waived  by  returning  an  answer 
simply  denying  all  liability  on  the  ground  that 
the  pauper  has  no  settlement  in  the  town. 
Paris  v.  Hiram,  12  Mass.  267  (1815).  Com- 
monwealth v.  Dracut,  8 Gray,  455  (1857). 

284.  The  overseers  of  the  poor  of  O.  sent 
the  following  notice  to  those  of  S. : “A.  E. 
and  wife  and  three  children,  who  have  their 
legal  settlement  in  your  town,  is  now  charge- 
able to  this  town.  This  is  therefore  to  notify 
you  to  remove  said  paupers,”  &c.  The  over- 
seers of  S.  answered,  “ We  acknowledge  the 
receipt  of  your  letter,  &e.,  stating  that  A.  E. 
is  in  your  town  on  expense,  &c.  We  are  satis- 
fied that  he  has  not  gained  a settlement  in  our 
town.  We  therefore  shall  not  pay  any  ex- 
pense for  his  support.”  It  was  held,  that  the 
notice  was  sufficiently  certain  as  to  all  the 
paupers  ; but  if  insufficient,  that  the  objection 
was  waived  by  the  answer.  Orange  v.  Sud- 
bury, 10  Pick.  22  (1830). 

285.  A notice  by  the  overseers  of  the  town 
of  A.  to  those  of  the  town  of  B.  that  expenses 
had  been  incurred  for  the  support  of  “ O.  S., 
widow  of  G.  S.,  who  was  an  inhabitant  of  B.” 
was  held  to  be  sufficient,  and  the  meaning  of 
these  words  was  held  to  be,  that  the  widow 
was  an  inhabitant  of  B.  TJxbridge  v.  See- 
konk,  10  Pick.  150  (1830). 

286.  Notice  to  the  town  of  a pauper’s  settle- 
ment that  such  pauper  has  become  chargeable 
in  another  town,  is  not  notice  that  his  wife 
and  children  have  also  become  chargeable. 
Andover  v.  Canton,  13  Mass.  547  (1816). 

287.  A letter  from  the  overseers  of  the 
poor  of  one  town  to  those  of  another,  to 
obtain  a reimbursement  of  the  expenses  of 
supporting  a pauper,  was  received  and  an- 
swered. A mistake  in  this  letter  was  cor- 


94 


DIGEST  OF  DECISIONS. 


rected  in  a second  letter,  which  was  received 
but  not  answered,  referring  to  the  first.  It 
was  held,  that  the  second,  which  by  itself  was 
an  insufficient  notice,  might  be  taken  in  con- 
nection with  the  first,  so  as  to  constitute  a 
sufficient  notice  from  the  time  when  the 
second  was  received.  Shelburne  v.  Rochester, 
1 Pick.  470  (1823). 

288.  A notice  respecting  a pauper  whose 
Christian  name  was  Sally,  calling  her  “ Sarah 
or  Sally,”  was  held  to  be  sufficient.  Ib. 

289.  A notice  that  “ E.  S.  and  her  three 
children  ” have  become  chargeable,  she 
having  four,  was  held  to  be  too  general  as  to 
the  children,  but  sufficient  as  to  E.  S.  Wal- 
pole v.  Ilopkinton , 4 Pick.  358  (1827). 

290.  P.  Baxter,  a pauper,  known  in  the 
town  of  L.  by  the  name  of  P.  La  Barron,  was 
called,  in  a notice  from  that  town  to  the  town 
of  N.,  P.  Labern,  and  the  overseers  of  the 
poor  of  N.,  after  ascertaining  what  person 
was  intended,  returned  an  answer  that  P. 
Labern  had  not  a settlement  in  N.  Held, 
that  the  notice  was  insufficient.  Lanes- 
borough  v.  New  Ashford , 5 Pick.  190  (1827). 

291.  A notice  by  overseers  of  the  poor  that 
expenses  had  been  incurred  for  the  support 
of  “ the  child  of  Miss  H.  W.,  the  daughter  of 
T.  W.,  who  are  inhabitants  of  the  town  of 
W.,”  was  held  to  be  sufficient  to  sustain  an 
action  against  such  town.  Ware  v.  Williams- 
town , 8 Pick.  388  (,1829). 

292.  In  an  action  by  one  town  against 
another,  to  recover  expenses  incurred  in  the 
support  of  a pauper,  a notice  signed  by  A. 
and  B.  as  selectmen,  they  being  overseers  of 
the  poor  by  virtue  of  their  office  of  selectmen, 
was  held  sufficient.  Ashby  v.  Lunenburg,  8 
Pick.  563  (1830). 

293.  A written  notification  as  follows,  “ To 
the  overseers  of  the  poor  of  the  city  of  N.  — 
Gentlemen  — Mrs.  A.  B.  and  three  children, 
whose  legal  settlement  is  in  your  city,  but 
now  residing  in  L.,  being  in  needy  circum- 
stances, has  applied  to  this  board  for  relief, 
which  we  have  granted  and  charged  to  your 
city,  and  shall  continue  so  to  do  until  you 
remove  or  otherwise  provide  for  their  support. 
In  behalf  of  the  overseers  of  the  poor  of  the 

city  of  L. C.  D.  Secretary,”  is  sufficient, 

under  Gen.  Sts.  c.  70,  § 17.  Lynn  v.  New- 
bury port,  5 Allen,  545  (1863). 

294.  Where  notice  was  given  in  March 
1811,  of  a pauper’s  becoming  chargeable,  and 
again  in  October  1812,  and  an  action  was 
commenced  in  May  1813,  the  defendant  town 
was  held  liable  only  for  the  expenses  incurred 
within  three  months  before  the  last  notice. 
Townsend  v.  Billerica,  10  Mass.  411  (1813). 

295.  A notice  by  the  overseers  of  the  poor 
of  one  town  to  those  of  another  that  a person 
has  become  chargeable  as  a pauper,  given 


within  three  months  after  the  expenses  were 
paid,  but  not  within  three  months  after  they 
were  incurred,  is  insufficient.  East  Sudbury 
v.  Sudbury,  12  Pick.  1 (1831). 

296.  A notice  sent  by  mail,  the  postage 
being  unpaid,  was  held  not  to  be  sufficient; 
although  it  reached  the  post  office  of  the 
defendant  town,  and  was  there  refused.  Gro- 
ton v.  Lancaster , 16  Mass.  110  (1819). 

297.  Where  a notice  to  overseers  was  de- 
livered to  and  received  by  one  of  them  while 
attending  to  his  duties  as  a member  of  the  leg- 
islature, at  a distance  from  his  town,  the  de- 
livery was  held  sufficient.  Walpole  v.  Hop- 
kinton,  4 Pick.  358  (1827). 

298.  When,  in  consequence  of  notice  to  the 
overseers  of  the  town  of  a pauper’s  settlement, 
they  provide  for  him ; if  the  pauper  afterwards 
receives  aid  from  the  same  town  which  gave 
the  notice,  a new  notice  is  necessary  in  order 
to  charge  the  town  of  his  settlement.  Sidney 
v.  Augusta,  12  Mass.  316  (1815). 

299.  Where  a pauper,  after  an  action 
brought  by  one  town  against  another,  to 
recover  expenses  incurred  in  his  support, 
continues  chargeable  to  the  plaintiffs,  to  sus- 
tain an  action  for  the  new  expenses,  brought 
pending  the  first,  a new  notice  is  required. 
Walpole  v.  Hopkinton,  4 Pick.  358  (1827). 

300.  If  the  town  furnishing  the  supplies 
sue  for  them,  it  cannot  again,  without  a new 
notice,  recover  for  any  expenses  incurred 
after  the  commencement  of  the  first  action. 
Hallowell  v.  Harwich,  14  Mass.  186  (1817). 

301.  The  town  of  D.,  on  receiving  notice 
from  the  town  of  P.,  that  certain  paupers, 
whose  settlement  P.  alleged  to  be  in  D.,  were 
supported  in  P.,  immediately  paid  the  expense 
that  had  been  incurred  by  P.  for  their  support, 
removed  part  of  the  paupers  to  D.,  and  made 
provision  for  the  support  of  the  others  in  P. 
for  the  term  of  about  forty  days.  Within  two 
months  from  the  time  of  receiving  said  notice 
from  P.,  the  overseers  of  the  poor  of  D.  re- 
plied thereto,  denying  that  D.  was  liable  to 
support  said  paupers,  and  refusing  to  pay  P. 
for  any  further  support  of  them.  It  was  held, 
that  P.  could  not  maintain  an  action  against 
D.  for  the  subsequent  support  of  said  paupers, 
without  first  giving  D.  a new  notice.  Palmer 
v.  Dana , 9 Met.  587  (1845). 

302.  Where  a town  incurs  expenses,  under 
St.  1837,  c.  244,  § 1,  (Gen.  Sts.  c.  26,  § 16,) 
on  account  of  paupers  having  a legal  settle- 
ment in  another  town,  the  former  is  bound  to 
give  reasonable  notice  to  the  latter  before  com- 
mencing an  action  for  such  expenses,  and  the 
selectmen  of  the  respective  towns  are  proper 
officers  to  give  and  receive  such  notice. 
Springfield  v.  Worcester,  2 Cush.  52  (1848). 

303.  On  the  5th  of  May  1846,  a poor  person 
having  a legal  settlement  in  W.,  fell  ill  of  the 


DIGEST  OF  DECISIONS, 


95 


small  pox  in  S.,  and  was  there  relieved  in  pur- 
suance of  the  provisions  of  St.  1837,  c.  244,  § 
1,  (Gen.  Sts.  c.  26,  § 16,)  and  the  selectmen 
of  S.  on  the  26th  of  the  same  month  gave  no- 
tice of  the  pauper’s  sickness  and  of  the  expen- 
ses incurred  on  his  account  to  the  selectmen 
of  W. ; it  was  held,  that  such  notice  was  rea- 
sonable and  sufficient,  lb. 

(3)  Estoppel. 

304.  If  a town  is  duly  notified  under  St. 
1793,  c.  59,  § 12,  (Gen.  Sts.  c.  70,  § 17,)  and 
requested  to  remove  a pauper,  and  if  its  over- 
seers have  neglected  for  two  months  after  the 
notice  and  request  to  make  any  objection 
thereto  or  to  remove  the  pauper,  the  town  is 
barred  from  contesting  with  the  town  giving 
the  notice  the  settlement  of  the  pauper.  Tops- 
ham  v.  Harpswell,  1 Mass.  518  (1805).  And 
from  showing  that  the  pauper  was  of  sufficient 
ability  to  support  himself.  Freeport  v.  Edge- 
curnbe,  lb.  459. 

305.  Even  although  the  pauper  may  have 
in  fact  no  settlement  in  any  town  within  the. 
Commonwealth.  Westminster  v.  Bernardston, 
8 Mass.  104  (1811). 

306.  A town  which  voluntarily  pays  the  ex- 
penses incurred  by  another  town  for  the  sup- 
port of  a pauper,  on  notice  and  without  objec- 
tion, is  not  thereby  estopped  from  denying  the 
settlement  of  the  pauper  in  an  action  brought 
by  the  same  town  to  recover  for  subsequent 
expenses  incurred  for  the  pauper.  Leicester 
v.  Rehoboth , 4 Mass.  180  (1808).  Bridgewater 
v.  Dartmouth , lb.  273.  Needham  v.  Newton , 
12  Mass.  454  (1815). 

307.  A voluntary  payment  by  a town  of  a 
demand  for  the  support  of  a pauper,  after  suit 
brought,  does  not  estop  the  town  to  contest 
the  settlement  of  such  pauper’s  mother  in 
another  suit  brought  by  the  same  plaintiffs  to 
recover  for  her  support.  Edgartown  v.  Tis- 
bury,  10  Cush.  408  (1852). 

308.  A notice  from  one  town  to  another, 
claiming  reimbursement  for  the  expense  of 
supporting  a pauper,  given  pending  an  action 
for  the  recovery  of  such  expense,  or  after  its 
final  decision,  although  unanswered,  operates 
no  estoppel  on  the  town  notified,  to  deny  the 
settlement  of  the  pauper  with  them.  Newton 
v.  Randolph , 16  Mass.  426  (1820). 

309.  If  the  town  notified  returns  within  two 
months  a written  answer,  signed  by  one  of  its 
selectmen,  who  is  also  overseer  of  the  poor, 
denying  the  settlement  of  the  pauper,  it  is  not 
estopped  from  afterwards  disputing  the  settle- 
ment. Bridgewater  v.  Dartmouth , 4 Mass. 
273  (1808). 

310.  Where,  in  an  action  against  the  town 
of  A.,  for  expenses  incurred  by  the  town  of 
B.  in  the  support  of  a pauper,  it  appeared  that 


the  pauper’s  settlement  was  not  in  A.,  but 
that  the  defendants  were  estopped  from  deny- 
ing the  settlement,  and  a verdict  was  given 
against  them ; the  court  refused  to  set  aside 
the  verdict  for  the  purpose  of  permitting  the 
defendants  to  pay  the  money  found  due  by 
the  verdict,  and  thus  prevent  a judgment, 
which  would  bar  them  upon  the  question  of 
settlement,  as  to  any  after  expenses.  Greene 
v.  Monmouth,  7 Mass.  467  (1811). 

311.  It  is  not  a bar  to  an  action  by  the  town 
of  A.  against  the  town  of  B.  to  recover  the 
expenses  of  supporting  a pauper,  that  the 
plaintiffs  had  given  notice  to  the  town  of  C. 
and  claimed  payment  of  the  same  sums  ; and 
such  notice  not  being  answered  according  to 
the  statute,  had  recovered  judgment  therefor 
against  the  town  of  C.  Braintree  v.  lling- 
ham,  17  Mass.  432  (1821). 

312.  Where  the  town  of  E.,  upon  receiving 
a notice  that  a person  had  become  chargeable 
in  another  town  as  a pauper,  replied  thereto 
denying  its  liability  for  his  support,  but  no 
action  was  commenced  thereon,  and  before 
the  expiration  of  two  years  a second  notice 
was  received  in  relation  to  the  same  pauper, 
to  which  no  reply  was  made  within  two  months, 
it  was  held,  that  the  town  of  E.  was  not  es- 
topped, by  its  neglect  to  make  an  earlier 
reply,  from  contesting  the  settlement  of  the 
pauper,  in  an  action  against  it  founded  upon 
the  second  notice.  Marshpee  v.  Edgartown , 
23  Pick.  156  (1839). 

313.  An  erroneous  statement,  made  by  the 
overseers  of  the  poor  of  the  town  of  A.,  in  a 
notification  sent  by  them  to  the  town  of  B., 
respecting  the  means  by  which  a pauper 
therein  mentioned  acquired  a settlement  in  B., 
does  not  estop  the  town  of  A.,  in  a suit 
against  the  town  of  B.,  to  recover  for  the 
support  of  such  pauper,  to  show  that  he  ac- 
quired a settlement  in  B.  by  different  means 
from  those  which  were  stated  in  the  notifica- 
tion, unless  that  statement  was  made  with  a 
design  to  mislead.  Northfield  v.  Taunton , 4 
Met.  433  (1842). 

314.  If  a notification  be  sent  by  the  over- 
seers of  the  poor  of  a town  which  has  incurred 
expense  for  the  relief  of  a pauper  found 
therein,  to  the  overseers  of  the  poor  of  the 
town  where  his  settlement  is  supposed  to  be, 
requesting  his  removal,  the  answer,  by  Gen. 
Sts.  c.  70,  § 18,  must  be  signed  by  some  one 
of  the  overseers ; and,  if  it  is  not  so  signed, 
their  town  will  be  barred  from  contesting  the 
question  of  his  settlement,  although  the  pau- 
per is  not  actually  removed  there ; and  the 
answer  will  not  be  sufficient,  if  signed  merely 
by  another  person  with  whom  the  town  has 
contracted  for  the  support  of  its  paupers  for 
that  year.  Petersham  v.  Coleraine , 9 Allen, 
91  (1864). 


96 


DIGEST  OF  DECISIONS. 


315.  Overseers  to  whom  such  an  answer  is 
sent  do  not  waive  the  defect  by  sending  a re- 
ply to  the  overseers  of  the  other  town,  under 
the  belief  that  the  answer  came  from  one  of 
them,  or  by  subsequently  sending  a new  noti- 
fieation  to  them  for  the  removal  of  the  same 
pauper.  Ib. 


IV.  Removal  of  Paupers. 

316.  Under  St.  1793,  c.  59,  § 10,  a pauper  is 
not  removable  unless  actually  chargeable,  or 
likely  to  become  so,  from  one  or  the  other  of 
the  causes  mentioned  in  the  statute.  Walpole 
v.  West  Cambridge , 8 Mass.  276  (1811). 

317.  In  a complaint,  and  also  in  an  adjudica- 
tion, for  the  removal  of  a pauper  under  that 
statute,  it  was  necessary  to  state  the  cause  of 
the  likelihood  of  his  becoming  chargeable.  Ib. 

318.  The  alleged  pauper  should  be  sum- 
moned to  appear  at  the  examination  before  the 
magistrate.  But  the  pauper  only  can  avail 
himself  of  an  omission  to  summon  him,  and 
neither  of  the  towns  contesting  his  settlement 
can  take  advantage  of  such  omission.  Shirley 
v.  Lunenburg , 11  Mass.  379  (1814). 

319.  An  adjudication  that  a person  is  “the 
proper  poor  ” of  a town  is  equivalent  to  an 
adjudication  that  he  has  his  lawful  settlement 
in  such  town.  lb. 

320.  Under  St.  182  L,  c.  94,  § 3,  (Gen.  Sts. 
c.  70,  § 14,)  the  removal  of  the  pauper  is  a 
condition  precedent,  which  must  be  strictly 
performed;  so  that  where  a pauper,  while  her 
town  was  making  preparations  for  her  re- 
moval, removed  of  her  own  accord,  it  was 
held,  that  the  town  was  liable  for  the  reason- 
able expenses  incurred  for  her  support,  al- 
though they  exceeded  one  dollar  a week. 
Ware  v.  Wilbraham,  4 Pick.  45  (1826). 

321.  The  actual  removal  of  a pauper  by  the 
town  in  which  he  has  a settlement,  within 
thirty  days  after  legal  notice  of  relief  being 
furnished  to  him  by  another  town,  is  a condi- 
tion precedent,  which  must  be  strictly  per- 
formed, in  order  to  exempt  the  former  town 
(under  St.  1821,  c.  94;  Gen.  Sts.  c.  70,  § 14) 
from  a greater  expense  than  one  dollar  per 
week ; so  that  where  such  town,  having,  within 
the  thirty  days,  prepared  to  remove  the  pauper, 
but,  finding  him  too  ill  to  be  removed  with 
safety,  provided  for  his  further  relief  and  sup- 
port in  the  place  where  he  then  was,bya  contract 
with  an  individual,  it  was  held,  that  the  other 
town  was  nevertheless  entitled  to  recover  the 
whole  amount  of  its  expenses  reasonably  in- 
curred on  account  of  the  pauper.  Seekonky. 
Attleborough,  7 Pick.  155  (1828). 

322.  A pauper  having  a settlement  in  a town 
in  this  commonwealth,  cannot  lawfully  be  car- 
ried by  the  overseers  of  the  poor,  against  his 


will,  to  a place  without  the  Commonwealth,  to 
be  there  supported.  Westfield  v.  Soutliwick , 17 
Pick.  68  (1835).  See  Deerfield  v.  Greenfield , 
1 Gray,  514. 

323.  The  provision  in  the  Rev.  Sts.  c.  46, 
§ 15,  (Gen.  Sts.  c.  70,  § 14,)  that  “ when  any 
person  shall  be  supported  by  a town,  other 
than  that  in  which  he  has  his  settlement,  the 
town  that  is  liable  for  his  support  shall  not, 
in  any  case,  be  required  to  pay  therefor  more 
than  at  the  rate  of  one  dollar  a week,  provided 
the  town  that  is  liable  for  the  support  of  the 
pauper  shall  cause  him  to  be  removed,  within 
thirty  days  from  the  time  of  receiving  legal 
notice  that  such  support  has  been  furnished,” 
does  not  apply  to  the  case  of  the  removal  of 
a pauper  after  his  decease,  though  before  his 
burial.  Webster  v.  Uxbridge,  13  Met.  198 
(1847). 

324.  In  computing  the  thirty  days  within 
which  a town  liable  for  the  support  of  a pau- 
per, is  required  by  Rev.  Sts.  c.  46,  § 15,  (Gen. 

j Sts.  c.  70,  § 14,)  to  remove  him  from  the  town 
in  which  he  has  received  support,  in  order  to 
exempt  the  former  from  liability  therefor  at  a 
greater  rate  than  one  dollar  a week,  the  day 
on  which  notice  is  received  that  the  support 
has  been  furnished  is  to  be  excluded.  Seekonk 
Rehoboth,  8 Cush.  371  (1851). 


V.  Penalty  for  bringing  a Pauper  into 
a Town. 

325.  The  offence  intended  to  be  punished 
by  St.  1793,  c.  59,  § 15,  was  that  of  bringing 
a poor  person  into  a town,  with  intent  to  leave 
him  there,  a charge  and  burden  upon  such 
town;  and  one  cannot  be  held  liable  under 
that  statute  unless  such  intent  is  shown. 
Greenfield  v.  Cushman,  16  Mass.  393  (1820). 
Deerfield  v.  Delano , 1 Pick.  465  (1823). 

326.  An  overseer  of  the  poor  does  not  in- 
cur the  penalty  by  endeavoring  to  avoid  a 
charge  upon  his  town  by  aiding  a pauper  on 
his  journey  to  a town  in  another  state,  al- 
though an  agent  of  such  overseer,  deviating 
from  his  instructions,  leaves  the  pauper  in  an 
adjoining  town  with  a view  to  subject  that 
town  to  expense.  Deerfield  v.  Delano,  1 Pick. 
465  (1823). 

327.  One  does  not  incur  the  penalty  by 
bringing  a pauper  from  another  state  to  a town 
in  this  state  in  which  he  has  a settlement. 
Cantonv.  Bentley,  11  Mass.  441  (1814).  Mid - 
dleborough  v.  Clark,  2 Pick.  28  (1823). 

328.  In  an  action  by  the  town  of  S.  to  re- 
cover a penalty  for  bringing  into  and  leaving 
in  the  town  a poor  and  indigent  female,  she  not 
being  lawfully  settled  therein,  with  intent  to 
charge  the  town  with  her  support,  (Gen.  Sts. 
c.  70,  § 20,)  the  defendant  justified  under  an 


DIGEST  OF  DECISIONS. 


97 


order  from  the  overseers  of  the  poor  of  the 
town  of  C.,  which  recited  that  her  lawful  set- 
tlement was  in  S.  and  that  she  was  actually  a 
charge  to  C.,  and  directed  him,  as  constable, 
to  remove  her  to  S.  It  was  held,  that  it  was 
not  necessary  that  the  order  should  recite 
such  acts  and  proceedings  on  the  part  of 
the  overseers  as  would  warrant  them  in  issu- 
ing the  order,  and  that  the  defendant  was  not 
bound  to  go  behind  the  order  and  show  that 
the  overseers  had  complied  with  the  requisi- 
tions of  the  law.  Sturbridge  v.  Winslow , 21 
Pick.  83  (1838). 

329.  It  seems,  that  an  action  for  the  penalty 
in  such  case  should  be  brought  in  the  name  of 
the  Commonwealth,  lb. 


VI.  Lunatic  Paupers  and  State  Paupers. 

Lunatic  Paupers. 

330.  After  the  passage  of  St.  1834,  c.  150, 
the  treasurer  of  a state  lunatic  hospital  could 
not  maintain  an  action  under  St.  1797,  c.  62, 
§ 3,  or  St.  1832,  c.  163,  § 4,  against  the  town 
from  which  the  pauper  was  committed  to  the 
hospital, for  his  support  therein  previous  to  the 
passage  of  St.  1834,  c.  150.  Foster  v.  Wor- 
cester, 16  Pick.  71  (1834). 

331.  Where  an  insane  person,  who  is  not 
able  to  pay  for  his  own  support,  is  confined  in 
a house  of  correction,  under  St.  1836,  c.  223, 
(Gen.  Sts.  c.  74,)  the  town  in  which  he  has  a 
settlement  is  liable  for  his  support  in  such 
house,  if  he  have  no  parent,  master,  or  kin- 
dred, liable  by  law  to  maintain  him.  Watson 
v.  Charlestown , 5 Met.  54  (1842).  See  Gen. 
Sts.  c.  74,  § 6. 

332.  Under  St.  1834,  c.  150,  (Gen.  Sts.  c. 
73,)  requiring  the  town  in  which  a pauper  lu- 
natic resides  at  the  time  of  his  commitment  to  a 
state  lunatic  hospital  to  pay  the  expense  of 
supporting  him  while  there,  and  giving  to  such 
town  a remedy  over  against  the  town  in  which 
such  lunatic  has  a legal  settlement,  notice  of 
the  expense  incurred, given  by  the  former  town 
to  the  latter  within  three  months  after  the 
hospital  had  demanded  payment,  was  held  to 
be  seasonable  notice  to  render  the  latter  town 
liable  to  the  former,  if  any  notice  is  necessary, 
the  commitment  having  been  made  by  a judge 
of  probate.  Worcester  v.  Milford , 18  Pick. 
379  (1836). 

332  a.  A town  whose  overseers  of  the  poor 
send  a lunatic  pauper  to  a state  lunatic  hospital 
without  any  adjudication  by  any  court  or  mag- 
istrate, may  nevertheless  recover  their  pay- 
ments for  his  support,  of  the  town  of  his  legal 
settlement,  under  St.  1841,  c.  77  (Gen.  Sts.  c. 
73,  § 25).  Such  a sending  is  a “commitment  ” 
of  the  pauper  within  the  meaning  of  that  statute . 
Cummington  v.  Wareham,  9 Cush.  585  (1852). 

13 


333.  In  an  action  for  such  expenses,  by  the 
town  committing  sucli  lunatic  pauper,  against 
the  town  of  his  settlement,  no  recovery  can 
be  had  for  expenses  incurred  more  than  two 
years  previous  to  the  commencement  of  the 
action,  or  more  than  three  months  previous  to 
notice  to  the  defendant  town.  lb. 

334.  The  town  of  a pauper’s  settlement  is 
not  liable  to  another  town,  in  which  the  pau- 
per becomes  furiously  insane  and  falls  into 
distress,  for  the  expenses  of  his  removal  to  an 
asylum  for  the  insane  in  another  state,  and 
for  his  support  and  medical  attendance  there, 
even  though  a removal  to  some  asylum  be  nec- 
essary for  the  comfort  and  relief  of  the  pau- 
per, and  as  a matter  of  economy  and  humanity. 
Deerfield  v.  Greenfield,  1 Gray,  514  (1854). 

335.  The  whole  amount  paid  to  the  treas- 
urer of  a state  lunatic  hospital  by  the  town  in 
which  a lunatic  pauper,  having  a settlement 
within  the  Commonweath,  resided  at  the  time 
of  his  commitment,  for  1ms  expenses  at  the  hos- 
pital within  six  years  before  such  payment, 
may  be  recovered  of  the  town  of  his  settle- 
ment, by  giving  notice  thereof  within  three 
months,  and  commencing  an  action  within  two 
years,  after  such  payment ; although  part  of 
the  amount  had  once  been  paid  by  the  Com- 
monwealth to  the  hospital,  on  the  supposition 
that  the  lunatic  had  no  settlement  within  the 
Commonwealth,  and  since  re-allowed  by  the 
hospital  to  the  Commonwealth.  Andover  v. 
Easthampton,  5 Gray,  390  (1855).  Worcester 
v.  Sterling,  lb.  393,  note. 

336.  If  money  paid  by  the  Commonwealth 
for  the  support  of  a lunatic  at  a state  lunatic 
hospital,  on  the  mistaken  supposition  that  he 
had  no  settlement  within  the  Commonwealth, 
is  retained  by  the  Commonwealth, on  discovery 
of  the  mistake,  out  of  money  due  to  the  hos- 
pital, the  treasurer  of  the  hospital  may  recover 
from  the  town  in  which  the  lunatic  resided  at 
the  time  of  his  commitment,  unless  the  de- 
fendants prove  that  he  had  no  settlement  in 
the  Commonwealth,  for  such  support  during 
the  six  years  previous  to  the  commencement 
of  the  action,  and  for  that  only.  Jennison  v. 
Roxbury,  9 Gray,  32  (1857). 

337.  The  amount  paid  by  a town  for  the 
support  at  a state  lunatic  hospital  of  an  insane 
pauper  committed  by  the  judge  of  probate 
may  be  recovered  front  the  town  of  the  pau- 
per’s settlement,  within  two  years  after  the 
payment,  although  more  than  two  years  after 
notice.  Amherst  v,  Shelburne,  11  Gray,  107 
(1858). 

338.  Notice  by  o.ne  town  to  another  of  a 
claim  made  by  the  treasurer  of  a state  lunatic 
hospital  for  the  past  and  future  support  of  a 
pauper,  is  sufficient  to  support  an  action  for 
the  past  expenses,  (though  not  actually  paid 
until  more  than  three  months  after,)  but  not 


98 


DIGEST  OF  DECISIONS. 


for  expenses  of  the  support  of  the  pauper  after 
such  notice.  Ib. 

339.  In  an  action  by  the  treasurer  of  a state 
lunatic  hospital  against  a town,  to  recover  the 
expenses  of  the  support  of  a lunatic  pauper,  a 
general  verdict  and  judgment  for  the  defend- 
ant in  a similar  action  between  the  same  par- 
ties, to  which  the  defendant  answered,  among 
other  defences,  that  the  pauper  had  no  settle- 
ment within  the  Commonwealth,  is  conclusive 
evidence  that  the  pauper  had  no  such  settle- 
ment during  the  period  of  furnishing  the 
supplies  sued  for  in  the  former  action,  if  that 
question  was  submitted  to  the  jury  in  that  case. 
Jennison  v.  West  Springfield , 13  Gray,  544 
(1859). 

340.  If  a married  woman  has  been  commit- 
ted as  a lunatic  to  a state  lunatic  hospital,  by 
order  of  a judge  of  probate,  the  town  of  her 
settlement  may  maintain  an  action  against  her 
husband  to  recover  sums  which  it  has  been 
obliged  to  pay  for  her  support  there,  although 
he  is  in  destitute  circumstances.  Brookfield  v. 
Allen , 6 Allen,  585  (1863). 

State  Paupers. 

341.  A town  is  not  bound  to  support  an  alien 
married  to  a woman  having  her  legal  settle- 
ment in  such  town.  The  town  furnishing  re- 
lief to  such  alien  is  entitled  to  be  reimbursed 
by  the  Commonwealth.  Cambridge  v.  Charles- 
town, 13  Mass.  501  (1816).  See  Gen.  Sts.  c. 
71,  §§  43,  44. 

342.  A town  has  undoubtedly  a right  to  the 
services  of  a state  pauper  residing  therein,  to 
aid  in  his  support.  Wilson  v.  Church , 1 Pick. 
26  (1822).  Commonwealth  v.  Cambridge , 20 
Pick.  272  (1838). 

343.  The  provision  in  St.  1823,  c.  21,  (Rev. 
Sts.  c.  46,  § 30,)  that  no  male  person  over  the 
age  of  twelve  years  and  under  the  age  of  sixty 
years,  while  of  competent  health  to  labor, 
should  be  entitled  to  support  as  a state  pau- 
per, was  designed  to  proliibit  the  support  of 
persons  at  the  public  expense,  who  were  of  ■, 
competent  health  and  capacity  to  support  j 
themselves.  It  was  not  intended  to  apply  to  i 
such  as,  though  able  to  perform  some  labor,  i 
yet  were  not  able  to  perform  enough  for  their  | 
entire  support.  Commonwealth  v.  Cambridge , 
20  Pick.  267  (1838). 

344.  Under  Sts.  1830,  c.  120,  (Rev.  Sts.  c. 
46,  §§31,  32,)  if  the  earnings  collectively  of 
all  the  state  paupers  supported  by  a town,  , 


J during  any  year,  together  with  the  stated  al- 
| lowance  made  by  the  Commonwealth  for  each 
of  them,  did  not  exceed  the  expenses  collec- 
! tively  of  supporting  them  all  during  the  year, 
the  town  was  entitled  to  the  whole  of  such 
earnings  and  allowances.  Ib. 

345.  In  a suit  by  the  Commonwealth  against 
a town,  to  recover  back  money  overpaid  for 
the  support  of  state  paupers,  the  accounts  of 
the  agent  of  the  town  respecting  those  pau- 
pers, although  examined  by  a committee,  who 
reported  that  they  were  correct,  and  whose 
vote  was  accepted  by  a vote  of  the  town,  are 
not  conclusive  evidence  against  the  defend- 
ants, but  may  be  shown  to  have  been  erroneous. 
Commonwealth  v.  Cambridge,  4 Met.  35 
(1842). 

346.  A town,  in  stating  an  account  with  the 
Commonwealth  as  to  the  support  of  state  pau- 
pers, is  bound  to  credit  the  value  of  the  pau- 
pers’ labor  only,  and  not  any  share  of  the 
profits,  if  there  be  any,  which  the  town  derives 
from  their  labor.  Ib. 

347.  Where  a state  pauper,  for  whose  sup- 
port provision  is  made  in  one  town,  voluntarily 
and  without  any  cause  of  complaint,  leaves  the 
place  of  such  support  and  goes  into  another 
town  where  he  is  not  in  any  need  of  immediate 
relief,  and  is  there  supported  by  an  individual, 
the  latter  acquires  no  cause  of  action  thereby 
against  the  last-mentioned  town,  under  Rev. 
Sts.  c.  46,  § 18  (Gen.  Sts.  c.  70,  § 16).  Shearer 
v.  Shelburne,  10  Cush.  3 (1852). 

348.  The  Commonwealth  cannot  recover  of 
the  town  of  a pauper’s  settlement,  under  St. 
1855,  c.  445,  § 4,  (Gen.  Sts.  c.  71,  § 49,)  the 
expenses  of  supporting  the  pauper  at  a state 
almshouse  more  than  three  months  next  before 
notice  thereof  to  the  town.  Commonwealth  v. 
Dracut,  8 Gray,  455  (1857). 

349.  St.  1855,  c.  445,  (Gen.  Sts.  c.  71,  § 
49,)  giving  a remedy  to  the  Commonwealth 
against  towns  for  the  support  of  “ any  pauper 
who  shall  become  an  inmate  of  the  state  alms- 
houses,” includes  the  support,  since  the  stat- 
ute took  effect,  of  paupers  who  became  inmates 
of  one  of  the  state  almshouses  before  its  pas- 
sage. lb. 

350.  No  action  could  be  maintained  under 
St.  1846,  c.  88,  for  the  support  of  state  pau- 
pers committed  to  a workhouse,  until  the 
county  commissioners  had  settled  and  allowed 
the  accounts  of  the  keeper  of  such  workhouse. 
South  Danvers  v.  Essex , 1 Allen,  25  (1861). 


STATUTES  AND  ORDINANCE 


RELATING  TO  THE 


OVERSEERS  OF  THE  POOR  OF  TIIE  TOWN 


OR 


CITY  OF  BOSTON.1 


STATUTES. 

Twelve  Overseers  of  the  Poor  to 
be  chosen  in  Boston  for  the  twelve 
wards  respectively,  &c. 

Jurisdiction. 

Duties. 

Town  of  Boston  empowered  to 
erect  a work-house  for  the  poor. 

Overseers  of  the  Poor  to  regulate  it. 

The  house  may  be  endowed,  &c. 

Overseers  to  have  inspection  &c., 
and  to  appoint  the  masters  of  the 
house. 

Empowered  to  make  by-laws  to  be 
approved  by  the  town. 

Overseers  to  send  idle  and  indi- 
gent persons  to  the  work-house. 

And  to  bind  out  the  children  of 
such  as  are  unable  or  negligent 
to  support  them,  and  are  not  rated 
for  their  personal  estate. 


And  also  such  children  as  are  not 
taught  their  alphabet,  unless,  &c. 

Overseers  of  the  Poor  to  warn  in- 
truders out  of  the  town  &c. 

1.  Incorporation  of  the  Overseers  of 
the  Poor. 

2.  Moneys  and  estates  given,  devi- 
sed, &c.,  for  the  use  of  the  poor, 
vested  in  said  corporation,  Provi- 
so, that  they  shall  not  hold  more 
than  £60,000. 

3.  Shall  have  perpetual  succession. 
May  hold  real  estate  not  exceed- 
ing £500  by  the  year,  &c. 

4.  Shall  have  a common  seal,  and 
may  make  by-laws,  '&c. 

5.  Instruments  made  and  acts  done 
shall  be  binding. 

6.  Incorporation  of  the  Trustees  of 
John  Boylston’s  Charitable  Do- 
nations. 


1 The  legislature  has,  by  various  acts,  transferred  a large  portion  of  the 
powers  and  duties  of  the  Overseers  of  the  Poor  of  Boston  which  they  formerly 
possessed,  to  the  directors  of  the  house  of  industry,  and  by  the  act  of  1857,  c.  35, 
ante,  p.  64,  these  powers  and  duties  are  transferred  to  “ the  Board  of  Directors 
for  Public  Institutions,”  who  now  perform  in  Boston  most  of  the  duties  imposed 
upon  Overseers  of  the  Poor  in  the  various  towns  by  the  General  Statutes.  The 
Overseers  of  the  Poor  of  Boston,  in  practice,  furnish  “ out-door  relief,”  and 
may  send  paupers  to  the  house  of  industry.  When  received  there,  they  come 
under  the  charge  of  the  above-named  directors.  The  Overseers  of  the  Poor  in 


100 


STATUTES. 


7.  Bequests,  &c.,  made  by  John 
Boylston,  vested  in  said  corpora- 
tion. 

8.  Said  corporation  to  have  perpet- 
ual sucession,  and  to  hold  real 
and  personal  estate. 

9.  Shall  have  a common  seal,  and 
may  make  by-laws,  &c. 

10.  Instruments  and  acts  shall  be 
binding. 

11.  Corporation  authorized  to  bind 
out  poor  persons,  &c. 

12.  Power  of  surrendering  indigent 
boys  to  the  Boston  asylum  for 
indigent  boys,  shall  be  exercised 
by  the  Overseers  of  the  Poor. 

13.  Auditors  to  examine  accounts  of 
overseers. 

1.  Overseers  of  Poor,  duties,  rights, 
obligations,  &c. 

2.  Board,  how  composed  and  elec- 
ted. Vacancies  how  filled.  Re- 
movals. 


3.  Organization  of  the  board. 

4.  To  report  to  city  council. 

5.  Old  board  to  exist  till  new  one  is 
organized. 

6.  Not  to  be  interested  in  purchases 
or  contracts,  &c. 

7.  Repeal  of  former  acts. 

ORDINANCE. 

1.  Committee  on  Overseers  of  Poor 
to  be  appointed. 

2.  Duties  of  said  committee. 

3.  Overseers  to  keep  books  of  in- 
vested funds. 

4.  Books  to  be  open  to  inspection 
by  Mayor,  city  council,  &c. 

5.  Overseers  to  keep  books  with 
full  accounts  of  all  applicants. 

6.  Overseers  to  report  quarterly. 

7.  Also  to  make  an  annual  report. 

8.  Committee  to  examine  books 
once  a month  and  investments 
semi-annually,  &c. 


An  Act  for  employing  and  providing  for  the  Poor  of  the  Town 

of  Boston . 


St.  8 & 9,  Geo. 
II.  c.  3,  1735. 


Preamble, 


Whereas  the  Town  of  Boston  is  grown  considerably  populous, 
and  the  Idle  and  Poor  much  increased  among  them , and  the  Laws 
now  in  Force  relating  to  them , not  so  suitable  to  the  Circumstances 
of  the  said  Town , which  are  different  from  those  of  the  other  Towns 
in  the  Province : Therefore , 

Be  it  enacted  by  His  Excellency  the  Governour,  Council  and 


the  town  of  Boston  were  regularly  incorporated  for  certain  charitable  pur- 
poses by  the  legislature  in  1772,  and  it  has  been  judicially  held,  that  the  pro- 
vision in  the  city  charter,  relative  to  Overseers  of  the  Poor,  was  a continuance 
of  the  corporation  so  created  in  1772,  and  not  a dissolution  or  suspension  of 
it.  Overseers  of  the  Poor  of  Boston  v.  Sears,  22  Pick.  122  (1839). 

The  Overseers  of  the  Poor,  in  their  corporate  capacity,  continue  to  possess 
and  exercise  all  the  powers  granted,  and  are  subject  to  all  the  duties  enjoined, 
by  the  several  acts  of  8 & 9 Geo.  II.  c.  3,  April  25,  1772;  1802,  c.  44;  1813, 
c.  171 ; 1862,  c.  204 ; 1864,  c.  128,  which  are  seen  in  the  text,  so  far  as  the 
same  are  respectively  in  force,  and  not  modified  by  later  acts.  See  House  of 
Industry  and  House  of  Reformation , ante,  p.  62,  and  Laws  and  Ordinances 
(1863),  pp.  372,  376.  And  as  to  the  respective  authority  of  the  Overseers 
and  Directors,  see  also  ante,  pp.  21-23,  and  Quincy’s  Hist,  of  Boston,  pp.  167- 
175.  Por  the  general  powers  of  Overseers  of  the  Poor,  see  Paupers,  ante,  p.  24. 


STATUTES. 


101 


Duties. 


Representatives  in  General  Court  assembled  and  by  tbe  Author-  8^°1^0,11' 
ity  of  the  Same,  That  from  henceforth  at  the  anniversary  Town 
Meeting  in  March , for  the  Choice  of  Town-Officers,  the  Town  of 

° . Twelve  Over- 

Boston  are,  and  shall  be  hereby  impowered  to  chuse  tw  elve  seers  of  the 
Overseers  of  the  Poor,  who  shall  be  chosen  for  twelve  several  ^osen^B©#- 
Wards  respectively,  into  which  the  said  Town  is  or  shall  be  divi-  ton  fort,H‘ 

1 J twelve  wards 

ded,  each  Overseer  to  have  the  more  especial  Care  of  his  partic-  respectively, 
ular  Ward,  yet  so  as  not  to  exclude  the  Authority  of  any  other 
Overseer  as  there  may  be  Occasion  ; which  Overseers  shall  visit 
their  respective  Wards,  whensoever  they  may  judge  there  is  Oc- 
casion, at  least  once  in  every  Month  ; and  shall  also  once  in  every 
Month  assemble  together  to  consider  and  determine  of  the  most 
proper  Methods  for  the  Discharge  of  their  Office. 

And  whereas  the  Poor  of  the  said  Town  may  upon  the  decay  of  Preamble. 
Trade  become  still  more  numerous , and  want  Means  to  employ  and 
set  themselves  to  Work  in  any  settled  or  constant  Manner , or  by  ill 
Habits  become  idle  and  slothful  and  very  burthensome  to  the  Town : 

Be  it  enacted  by  the  Authority  aforesaid,  That  in  such  Case,  or  of  Bq9 
whenever  the  said  Town  of  Boston  shall,  at  a legal  Town  Meeting  ton  empowered 
for  that  Purpose  duly  warned,  judge  it  necessary  or  convenient  workhouse  for 
to  erect,  provide  or  endow  an  House  for  the  Reception  and  Em-  thepoor' 
ployment  of  the  Idle  and  Poor  of  the  said  Town,  they  the  said 
Town  are,  and  hereby  shall  be  authorized  and  impowered  so  to 
do  ; which  House  shall  be  under  the  Regulation  of  the  Overseers 

° < Overseers  of 

of  the  Poor,  to  be  annually  chosen  as  aforesaid;  and  erected,  the  Poor  to 
provided  for,  continued  or  discontinued,  as  the  said  Town  shall  ° 
find  or  judge  their  Circumstances  require  : And  the  said  Town  are 
hereby  authorized  to  make  Purchases  and  receive  Donations  for 
endowing  the  said  Work-House,  to  the  Value  of  three  Thousand  , , 

° _ The  house  may 

Pounds  per  Annum  ; and  to  sue  and  be  sued  in  all  Affairs  of  said  be  endowed, 
House  ; the  several  Donations  to  be  always  applied  according  to 
the  Will  of  the  Donors. 

And  be  it  further  enacted,  That  the  Overseers  of  the  Poor  of  0verseers  to 
the  Town  of  Boston , for  the  Time  being,  shall  have  the  Inspec-  h.ave  ^p60* 
tion,  Ordering  and  Government  of  the  said  House,  with  Power  of  appoint  the 

, T _ - . . n masters  of  the 

appointing  a Master  or  Masters,  and  one  or  more  Assistants  tor  house, 
the  more  immediate  Care  and  Oversight  of  the  Persons  received 


102 


STATUTES. 


S & 9 Geo.  II. 
c.  3,  1735. 
Empowered  to 
make  by-laws 
to  be  approved 
by  the  town. 


Overseers  to 
send  idle  and 
indigent  per- 
sons to  the 
workhouse. 


And  to  bind 
out  the  children 
of  such  as  are 
unable  or 
negligent  to 
support  them, 
and  are  not 


And  also  such 
children  as  are 
not  taught  their 
alphabet, 
unless,  &c. 


into  or  employed  in  said  House  : Which  Overseers  at  their  monthly 
Meetings  shall  have  Power  to  make  Orders  and  By  Laws  for  the 
better  and  more  decent  regulating  the  said  House  ; which  Orders 
shall  be  binding  till  the  next  Town-Meeting,  to  which  they  shall 
exhibit  them,  and  wThen  approved  by  the  said  Town  at  a legal 
Meeting,  shall  be  obligatory,  until  revoked  by  the  said  Town. 

And  be  it  enacted  by  the  Authority  aforesaid,  That  each  one 
of  the  Overseers  aforesaid  shall  have  PowTer  to  send  any  idle  and 
indigent  Person  or  Persons  to  the  said  House  for  Entertainment 
and  Employment  for  the  space  of  twenty -four  Hours  ; and  any  two 
of  the  said  Overseers  shall  have  Power  to  continue  or  send  to 
said  House  such  Person  or  Persons,  till  discharged  by  the  major 
Part  of  said  Overseers  at  a monthly  Meeting : Which  Person  or 
Persons  the  Master  or  Masters  and  Assistants  are  hereby  required 
to  receive  and  employ  accordingly. 

And  whereas  there  are  sometimes  Persons  rated  to  the  publick 
Taxes , who  are  notwithstanding  unable  or  negligent  to  provide 
Necessaries  for  the  Subsistence  and  Support  of  their  Children : 
rated  for  their  Be  ^ enacted,  That  the  Overseers  shall  have 
personal  estate,  the  same  Power  of  binding  out  into  good  Families, 
the  Children  of  such,  as  where  the  parents  are  rated  nothing ; 
provided  such  Persons  are  not  rated  for  their  personal  Estate  or 
Faculty. 

And  for  as  much  as  there  is  great  Negligence  in  sundry  Persons 
as  to  the  instructing  and  educating  their  Children , to  the  great 
Scandal  of  the  Christian  Name , and  of  dangerous  Consequence  to 
the  rising  Generation : 

Be  it  further  enacted,  That  where  Persons  bring  up  their  Chil- 
dren in  such  gross  Ignorance,  that  they  do  not  know,  or  are  not 
able  to  distinguish  the  Alphabet,  or  twenty-four  Letters,  at  the 
Age  of  six  Years,  in  such  Case  the  Overseers  of  the  Poor  are 
hereby  impowered  and  directed  to  put  or  bind  out  into  good 
Families,  such  Children,  for  a decent  and  Christian  Education, 
as  when  Parents  are  indigent  and  rated  nothing  to  the  publick 
Taxes : unless  the  Children  are  judged  uncapable,  through 
some  inevitable  Infirmity. 

And  in  as  much  as  the  Division  of  the  Town  of  Boston  into 


STATUTES. 


103 


twelve  Wards , and  Assignation  of  each  Ward  to  the  more  immc-  8 &o  Geo.  n. 
diate  Care  of  a particular  Overseer , will  give  the  aforesaid  Over-  c' 17:i5, 
seers  Opportunity  of  a more  exact  Knowledge  of  the  Town,  and  all 
Intruders  into  it : 

Be  it  enacted  by  the  Authority  aforesaid,  That  the  aforesaid  oversee™  of 
Overseers  of  the  Poor  in  the  Town  of  Boston , be  and  they  warn  intruders 
hereby  are,  impowered  to  warn  any  and  all  Intruders,  or  others,  towif&c! 
who  are  not  Inhabitants,  to  depart  the  Town  ; and  in  Case  of  re- 
fusal or  neglect,  to  proceed  in  the  same  Manner,  and  with  as 
full  Power,  as  the  Select-Men  of  said  Town,  by  Law,  may  or 
can : And  the  Constables  are  hereby  required  to  observe  and 
yield  ready  Obedience  to  the  Orders  and  Directions  of  the 
Overseers  aforesaid,  by  Virtue  and  in  Consequence  of  this  Act.1 

An  act  for  incorporating  the  Overseers  of  the  Poor  of  the  town 

of  Boston. 

Whereas , many  charitably-disposed  persons  have  given  and  st.  1772,  April 
bequeathed  considerable  sums  of  money  and  other  interest  l3  and.2.5' 
and  estate  to  the  poor  of  the  town  of  Boston,  and  their  use, 
and  many  other  persons  are  well  inclined  to  make  charitable 
donations  to  the  same  good  purpose,  but  the  Overseers  of  the 
Poor  of  the  same  town  not  being  incorporated,  the  good  inten- 
tions of  those  who  have  made,  and  those  who  incline  to  make 
such  charitable  donations,  have  been  either  wholly  frustrated  or 
not  carried  into  full  effect, 

1.  Be  it  therefore  enacted  by  the  Governor,  Council, 
and  House  of  Representatives : That  the  Overseers,  for 
the  time  being,  of  the  Poor  of  the  town  of  Boston  in  the 
county  of  Suffolk  and  province  of  the  Massachusetts  Bay, 
be  created,  made,  erected,  and  incorporated  into  a body  politic 
by  the  name  of  the  Overseers  of  the  Poor  of  the  town  of  Bos-  ®eers  of  the 

J ^ Poor, 

ton  in  the  Province  of  the  Massachusetts  Bay  in  New  England,  ibid.  $ 1. 

_ 22  Pick,  122. 

1 The  foregoing  act  was  passed  at  the  May  session  in  1735,  and  may  be 
found  in  the  Massachusetts  Perpetual  Laws,  p.  277.  It  is  apparent  that  much 
of  it  has  been  repealed  by  the  operation  of  other  acts  relative  to  the  same  sub- 
jects ; but  as  no  act  expressly  repealing  this  has  been  found,  it  is  here  inserted, 
without  assuming  to  determine  how  far  some  portions  of  it  may  yet  be  oper- 
ative. See  Quincy’s  Municipal  History  of  Boston,  pp.  170-175. 


104 


STATUTES. 


1772,  April  23 
aad  25,  § 1. 


Money  and 
estates  given, 
devised,  &c. 
for  the  use  of 
the  poor, 
vested  in  said 
corporation. 
Ibid.  § 2. 


Proviso,  that 
they  shall  not 
hold  more  than 
£60,000. 

Ibid. 


^bftD  have 
perpetual 
succession, 
Ibid.  § 3. 


May  hold  real 
estate  not 
exceeding  £500 
by  the  year,  &c. 


and  that  they  and  their  successors  in  said  office  have  perpetual 
succession  by  said  name. 

2.  That  all  and  singular  sum  and  sums  of  money,  interest, 
and  estate,  real  or  personal,  of  what  name  or  nature  soever 
heretofore  given,  or  at  any  time  hereafter  to  be  given,  granted, 
bequeathed,  or  devised  by  any  way  or  means  whatsoever  to  the 
poor  of  the  town  or  to  their  use,  not  exceeding  the  sums  and 
value  in  this  act  hereafter  mentioned,  be  and  the  same  hereby 
is  and  shall  be  to  all  intents  and  purposes  vested  in  the  same 
Overseers,  and  their  said  successors  in  their  said  corporate 
capacity ; and  they  are  hereby  enabled  in  the  same  capacity  to 
receive,  manage,  lease,  let,  and  dispose  the  same  according  to 
their  best  discretion,  to  and  for  the  use  and  benefit  of  the  poor 
of  the  said  town  ; provided , always , that  the  said  Overseers  shall 
not  be  able  to  receive  or  be  capable  of  having  or  holding  any 
moneys  or  personal  estate  of  any  kind  or  nature  whatsoever,  at 
any  time  above  and  beyond  the  sum  and  amount  of  sixty  thou- 
sand pounds  lawful  money  of  this  province,  accounting  and 
reckoning  the  whole  moneys  and  value  of  all  the  personal 
estate,  personal  securities,  and  choses  in  action  which  they  shall 
own  or  be  vested  withal  in  their  corporate  capacity  together, 
and  that  all  gifts  and  bequests  of  money  or  personal  estate  of 
any  kind  made  to  the  said  corporation,  or  which  by  the  tenor  of 
this  act  they  might  take  or  be  vested  with,  shall  be  utterly  void 
at  all  times  hereafter  when  their  whole  stock  in  moneys,  personal 
securities,  or  choses  in  action  and  personal  estate  which  the  said 
corporation  shall  have,  own,  and  be  vested  with  the  property  of, 
shall,  taken  reckoned  together,  amount  to  the  said  sum  of  sixty 
thousand  pounds. 

3.  That  the  said  Overseers  and  their  successors  in  said  office, 
by  the  name  aforesaid,  have  a perpetual  succession,  by  that 
name,  to  sue  or  be  impleaded ; by  its  said  corporate  name  to 
purchase  lands  and  hold  them  not  exceeding  the  sum  of  five 
hundred  pounds,  lawful  money,  by  the  year,  and  to  manage, 
lease,  bargain,  and  sell,  or  otherwise  dispose  of  all  or  any  part 
thereof,  and  do  all  acts  as  natural  persons  may,  as  from  time 
to  time  the  said  corporation  shall  judge  best  for  the  benefit, 
advantage,  and  use  of  said  poor. 


STATUTES. 


105 


4.  That  the  said  corporation  shall  have  a common  seal  and  shaiihavea 

....  . common  seal, 

power,  and  the  said  corporation  is  hereby  authorized  to  make  by-  and  may  make 
laws  and  private  statutes  and  ordinances,  not  repugnant  to  the  omltrV, I * 
laws  of  the  land,  for  the  better  government  of  the  said  corpora-  *^25  Ph  23 
tion  and  its  finances ; to  choose  a treasurer,  clerk,  and  other 
subordinate  officers,  as  from  time  to  time  shall  be  found  neces- 
sary, and  all  or  any  of  them  again  at  pleasure  to  displace. 

5.  That  all  instruments  which  said  corporation  shall  law- instruments 
fully  make,  by  the  name  aforesaid  and  sealed  with  their  common  done  Hhall  be 
seal,  and  all  acts  done  or  matters  passed  upon,  by  the  consent  of  J[”dlgg5‘ 

a major  part  of  the  said  Overseers  for  the  time  being,  shall  bind 
said  corporation  and  be  valid  in  law.  April  25,  1772.1 


boylston’s  charitable  donations. 

An  Act  to  incorporate  Oliver  Wendell,  and  others,  together  gt.  1802,  c.  44. 
with  the  Overseers  of  the  Poor  of  the  town  of  Boston  for  the 
time  being,  by  the  name  and  title  of  the  Trustees  of  John  Boyl- 
ston’s Charitable  Donations  for  the  benefit  and  support  of  aged 
poor  persons,  and  of  orphans  and  deserted  children. 

1 St.  12,  Geo.  III.  c.  3.  Prov.  Laws  of  Mass.  Bay,  1692-1774,  p.  603. 

On  the  13th  of  September,  1836,  the  Overseers  of  the  Poor  of  the  city  of 
Boston  brought  a writ  of  right,  in  the  Supreme  Judicial  Court  for  the  county 
of  Suffolk,  against  David  Sears  and  wife,  to  recover  land  in  that  city,  which 
they  claimed  as  successors  of  the  Overseers  of  the  Poor  of  the  town  of  Boston, 
alleging  that  said  Overseers  were  seised  thereof  within  forty  years  then  past. 

To  this  writ,  the  tenants  demurred ; and,  after  argument  by  the  late  Jere- 
miah Mason  and  Charles  P.  Curtis,  for  the  tenants,  in  support  of  the  de- 
murrer, and  by  the  late  John  Pickering  (then  the  City  Solicitor)  and  Sidney 
Bartlett,  Esq.  for  the  demandants,  on  the  other  side,  the  late  Chief  Justice 
Shaw  delivered  a long  and  elaborate  opinion,  at  the  March  Term  of  the  Court 
in  1839,  in  relation  to  the  legal  character  and  rights  of  the  Overseers  under  the 
Act  of  1772,  which  closed  as  follows  : — 

“ On  the  whole,  the  Court  are  all  of  opinion,  that  the  demandants  were  con- 
stituted an  aggregate  corporation,  with  perpetual  and  continued  succession; 
that  a grant  to  them  of  real  estate,  would  have  carried  a fee  without  being  to 
their  successors ; that,  in  a writ  of  right,  they  can  count  only  upon  their  own 
seisin,  within  thirty  years  next  before  the  commencement  of  the  action ; and 
that,  not  having  so  counted  in  the  present  case,  the  demurrer  is  well  taken.” 

Overseers  of  the  Poor  of  Boston  v.  Sears , 22  Pick.  122,  135. 

14 


106 


STATUTES. 


Incorporation 
of  the  trustees 
of  John 
Boylston’s 
charitable 
donations. 
1802,  44,  § 1. 


Bequests,  &c. 
made  by 
John  Boylston. 
vested  in  said 
corporation, 
&c. 

Ibid.  § . 


Said  corpora- 
tion to  have 
perpetual  suc- 
cession, and  to 
hold  real  and 
personal  estate. 
Ibid.  § 3. 


Be  it  enacted,  &c. 

1.  That  Oliver  Wendell,  William  Cooper,  Ebenezer  Storer, 
and  William  Smith,  all  of  Boston,  and  John  Pitts,  of 
Tyngsborough,  in  the  County  of  Middlesex,  Esquires,  and 
the  survivors  and  survivor  of  them,  together  with  the  Over- 
seers of  the  Poor  of  the  town  of  Boston  for  the  time  being,  and 
their  successors ; and  after  the  decease  of  the  said  Oliver  Wen- 
dell, William  Cooper,  Ebenezer  Storer,  William  Smith,  and 
John  Pitts,  the  said  Overseers  of  the  Poor  of  the  town  of  Boston 
for  the  time  being,  and  their  successors  forever,  be,  and  they 
hereby  are  incorporated  into  a body  politic,  by  the  name  and 
title  of  the  Trustees  of  John  Boylston’s  Charitable  Donations, 
for  the  benefit  and  support  of  aged  poor  persons,  and  of  orphans 
and  deserted  children,  and  by  that  name  and  title  shall  have 
perpetual  succession. 

2.  That  all  the  bequests,  devises  and  donations  made  and 
granted  by  John  Boylston,  late  of  Bath,  in  the  kingdom  of 
Great  Britain,  deceased,  for  the  purposes  above  mentioned,1  be, 
and  they  hereby  are  vested  in  the  said  Corporation,  to  be  held 
and  disposed  of  by  them  conformably  to  the  directions  of  the 
said  will : And  the  said  Corporation  shall  insert  among  their  rec- 
ords a copy  of  this  act,  and  also  of  all  the  clauses  of  the  said 
last  will  and  testament  which  have  relation  to  the  said  two  several 
Charitable  Donations,  for  the  benefit  of  aged  poor  persons,  and 
for  the  support  of  orphans  and  deserted  children ; and  in  the 
management  and  disposal  of  the  funds  granted  in  said  will,  the 
said  Corporation  shall  conform  to,  and  be  governed  by  the 
directions  therein  contained. 

3.  That  the  said  Corporation  shall  have  a perpetual  succes- 
sion, by  the  name  and  title  aforesaid,  to  sue  or  be  impleaded ; to 
purchase  and  hold  lands  or  other  real  estate,  not  exceeding  the 
value  of  three  thousand  dollars  by  the  year ; to  hold  personal 
estate  not  exceeding  the  value  of  sixty  thousand  dollars ; and  to 
manage,  lease,  bargain  and  sell,  or  otherwise  dispose  of  all  or 
any  part  thereof,  subject  to  the  directions  of  the  said  will ; and 


See  John  Boylston’s  will,  post* 


STATUTES. 


107 


to  do  all  acts  as  natural  persons  may  do,  as  the  said  Corpora-  1802, 44,  §3. 
tion  from  time  to  time  shall  judge  best,  to  carry  into  effect  the  char- 
itable intentions  of  the  said  will : and  the  real  or  personal  estate 
which  the  said  Corporation  are  hereby  empowered  to  hold,  shall 
not  be  considered  as  part  of  that  which  the  Overseers  of  the 
Poor  of  the  town  of  Boston  are  already  empowered  by  their  for- 
mer act  of  incorporation  to  hold,  but  as  altogether  distinct  and 
separate  from  the  same. 

4.  That  the  said  Corporation  shall  have  a common  seal,  with  shaiihavea 
power  to  break  and  alter  the  same ; and  said  Corporation  is  and  may  make 
hereby  authorized  to  make  by-laws,  and  private  statutes  and  office^’ &c°°8e 
ordinances,  not  repugnant  to  the  laws  of  the  land,  for  the  better  ibid.  §4. 
government  of  said  Corporation  and  its  finances ; to  choose  a 
treasurer,  clerk  and  other  subordinate  officers,  as  from  time  to 

time  shall  be  found  necessary,  and  all  or  any  of  them  again  at 
pleasure  to  displace. 

5.  That  all  instruments  which  said  Corporation  shall  law-  instruments 
fully  make  by  the  name  aforesaid,  and  sealed  with  their  common  SbSing.^ 
seal,  and  all  acts  done,  or  matters  passed  upon  by  the  consent  of Ibld- § 5- 

a major  part  of  the  members  of  said  Corporation,  shall  bind  the 
said  Corporation,  and  be  valid  in  law.  February  3,  1803. 

An  Act  in  addition  to  an  Act,  entitled  “ An  Act  to  incorporate  st.  1813,  c.  171. 
Oliver  Wendell  and  others,  together  with  the  Overseers  of  the 
Poor  of  the  town  of  Boston,  for  the  time  being,  by  the  name  and 
title  of  the  Trustees  of  John  Boylston’s  Charitable  Donations,  for 
the  benefit  and  support  of  aged  poor  persons,  and  of  orphans  and 
deserted  children.” 

Be  it  enacted,  &c. 

That  the  Corporation  constituted  by  an  Act,  entitled,  * 6 An  corporation 
Act  to  incorporate  Oliver  Wendell  and  others,  together  b?nd  outdoor 
with  the  Overseers  of  the  Poor  of  the  town  of  Boston,  for  Per®ons> 

7 orphans,  &c. 

the  time  being,  by  the  name  and  title  of  the  Trustees  of  John 
Boylston’s  Charitable  Donations,  for  the  benefit  and  support  of 
aged  poor  persons,  and  of  orphans  and  deserted  children,”  be, 
and  are  hereby  authorized  and  empowered  to  bind  out  in  various 
families,  or  to  reputable  trades,  or  useful  arts  or  occupations, 


108 


STATUTES. 


1813, c.  171.  * such  poor  persons,  orphans,  or  deserted  children,  as  receive,  or 

may  hereafter  receive  the  benefit  of  the  said  Boylston’s  Charitable 
Donations,  until  they  arrive  to  the  age  of  twenty-one  years,  in 
such  manner  as  to  the  said  Corporation  mav  seem  expedient ; 
and  for  this  purpose  shall  have  authority  to  establish  any  rules 
and  regulations,  and  enter  into  any  indenture  or  covenant  rela- 
tive to  such  objects,  not  repugnant  to  the  laws  of  this  Com- 
monwealth, as  the  said  Corporation  may  deem  necessary  or 
expedient.  February  26,  1814. 


st.  1823,  c.  53.  An  Act,  in  addition  to  an  Act  entitled  an  Act  to  incorporate 
the  Boston  Asylum  for  Indigent  Boys. 

Be  it  enacted,  &c. 

Power  of  That  the  power  recognized  in  the  act  to  incorporate 

indigent  boys  the  Boston  Asylum  for  Indigent  Boys,  of  the  parent  or 
Asylum  sha°u  guardian  of  any  indigent  boy  or  boys,  to  surrender  in  writ- 
he exercised  by  inor  him  or  them  to  the  managers  of  said  asylum,  for  the  pur- 
the  Overseers  ° ...  . J r 

of  the  Poor,  poses  mentioned  in  said  act,  shall,  in  case  said  boy  or  boys  have 

But  see  1835,  n0  parent  or  guardian  within  the  city  of  Boston,  nor  legal 
settlement  in  any  other  town  in  this  Commonwealth,  be  possessed 
and  exercised  by  the  Overseers  of  the  Poor  of  the  city  of  Bos- 
ton, and  that  the  managers  of  said  asylum  shall  have  the  same 
authority  and  control  over  the  boys  surrendered  in  the  manner 
herein  prescribed,  as  they  now  have  over  boys  surrendered  by 
their  parents  or  guardians.  January  27,  1824. 1 


1 For  enactments  respecting  the  Boston  Asylum  and  Farm  School,  see 
St.  1813,  c.  153,  incorporating  “ The  Boston  Asylum  for  Indigent  Boys,” 
by  § 5 of  which  it  is  enacted,  “ That  the  board  of  managers,  for  the  time 
being,  *****  shall  likewise  have  authority,  at  their  discretion, 
to  take  into  their  asylum,  such  indigent  boys  belonging  to  the  town  of 
Boston,  as  they  may  judge  to  be  suitable  objects  of  charity,  to  enjoy  the 
benefit  of  the  institution ; and  also  to  accept  a surrender  in  writing  by  the 
father,  or  where  there  is  no  father,  by  the  mother  or  guardian  of  any  indigent 
boy  as  aforesaid,  to  the  care  and  direction  of  said  society,  and  to  bind  out 
in  virtuous  families,  or  to  reputable  trades  or  occupations,  or  to  educate  in 
such  manner  as  they  may  deem  beneficial,  until  the  age  of  twenty-one  years, 
any  such  indigent  boy  or  boys,  thus  surrendered,  or  any  such  boy,  who  being 
destitute  of  parents  within  this  Commonwealth,  shall  have  been  relieved  and 


STATUTES. 


109 


V 

An  Act  in  relation  to  the  Overseers  of  the  Poor  of  the  city  of  st.  i802,  c.  jo*. 

Boston. 


Be  it  enacted,  &c. 

1.  The  mayor  of  the  city  of  Boston,  the  chairman  of  the  Board  of  audi- 
board  of  aldermen,  the  president  of  the  common  council  and 
the  city  treasurer,  shall  constitute  a board  of  auditors,  whose  °bv.*r8e®rB* 


tors  to  examine 
accounts  of 


supported  by  the  society : Provided , that  any  parent  whoso  child  or  children 
shall  have  received  relief,  or  have  been  bound  out  as  aforesaid,  during  the 
absence  of  such  parent  from  this  State,  shall  have  liberty  on  his  or  her  return 
to  the  State,  to  receive  and  withdraw  such  child  or  children  on  paying  to  the 
Treasurer  of  the  Society  the  expense  incurred  in  his  or  their  relief  and  support 
as  aforesaid.  And  the  managers  shall  have  authority  to  establish  any  rules 
and  regulations  for  the  proceedings  of  the  board,  and  the  concerns  of  said 
society,  not  repugnant  to  the  laws  of  this  Commonwealth,  or  the  by-laws  of 
said  society”: 

Also,  St.  1833,  c.  135,  incorporating  “ The  Proprietors  of  the  Bos- 
ton Farm  School,”  § 5 of  which  provides,  “That  any  boy,  above 
the  age  of  seven  years,  who  shall  be  deemed  by  the  directors  or  other 
officers,  appointed  under  the  authority  of  this  act,  to  be  a fit  subject 
for  the  said  school,  may  be  admitted  thereto,  by  them,  on  the  applica- 
tion of  his  father,  or,  in  case  of  his  death  or  absence,  of  the  mother  or  guar- 
dian of  the  boy ; and  the  said  officers  are  authorized  to  accept  from  such  father, 
mother  or  guardian,  a surrender  in  writing  of  any  such  boy  to  the  care  and 
direction  of  the  said  Corporation ; and  they  may  also  take  any  other  indigent 
boys,  residing  in  the  city  of  Boston,  who  shall  appear  to  them  to  be  suitable 
objects  of  this  charity,  and  who  have  no  parents  or  guardians  within  this  Com- 
monwealth. All  boys  so  taken  and  admitted  into  the  school,  shall  be  main- 
tained, employed  and  educated  therein,  and  shall  be  instructed  in  their  moral 
and  religious  duties,  and  in  the  knowledge  usually  communicated  in  the  com- 
mon town  schools.  They  shall  also  be*  employed  in  a regular  course  of 
labor,  suited  to  their  age  and  their  strength,  in  which  they  shall  be  instructed 
in  agriculture,  gardening,  or  such  useful  occupations  as  will  contribute  to  their 
present  maintenance,  and  tend  to  form  in  them  habits  of  industry  and  order, 
and  to  prepare  them  to  earn  their  own  livelihood” : 

And  St.  1835,  c.  28,  uniting  these  corporations  under  the  name  of  “ The 
Boston  Asylum  and  Farm  School  for  Indigent  Boys  ” as  their  suc- 
cessor, the  former  to  “ continue  to  exist  so  far  only  as  to  enable 
them  to  take  any  donation  made  to  them  by  will  or  otherwise,”  by 
§ 4 of  which  it  is  enacted,  “ That  all  the  funds  of  said  Corporation 
shall  be  managed  and  appropriated  for  relieving,  instructing,  and  employing 
indigent  boys.  And  the  said  Corporation  shall  have  power  to  admit 
into  their  institution  any  indigent  boy  above  the  age  of  five  years,  at 
the  request  of  his  parent  or  guardian,  and  to  accept  from  his  father,  or,  in  case 
of  his  death,  from  his  mother  or  guardian,  a surrender  in  writing  of  any  such 


110 


STATUTES. 


1862,204,  § 1. 


Takes  effect  on 
passage. 

Ibid.  § 2. 

St.  1864,  c.  128. 


Overseers  of 
Poor ; duties, 
rights,  obliga- 
tions, &c. 
Ibid.  § 1. 


duty  it  shall  be  to  examine  all  the  accounts,  acts,  and  doings  of 
the  Overseers  of  the  Poor  of  said  city,  and  shall  annually,  on  or 
before  the  first  Monday  of  September,  make  report  to  the  city 
council  of  all  such  matters  relating  to  all  disbursements,  by  said 
Overseers,  whether  as  trustees  of  John  Boylston’s  Charitable 
Donations,  or  otherwise,  as  they  may  deem  the  public  good  to 
require. 

2.  This  act  shall  take  effect  upon  its  passage.  April  30, 
1862. 

An  Act  concerning  the  Overseers  of  the  Poor  of  the  city  of 

Boston. 

Be  it  enacted,  &c. 

1.  The  Overseers  of  the  Poor  in  the  town  of  Boston,  incor- 
porated on  the  twenty-fifth  day  of  April,  in  the  year  one  thou- 
sand seven  hundred  and  seventy-two,  shall  be  known  and  called 
by  the  name  of  “ The  Overseers  of  the  Poor  in  the  city  of 
Boston,”  and  as  such  shall  continue  to  hold  and  possess  all  the 
property,  and  be  entitled  to  all  the  rights  and  privileges,  and  be 
subject  to  all  the  duties,  liabilities,  and  obligations,  which  now 
belong  or  appertain  to  said  Corporation,  whether  as  successors 
of  the  Corporation  above  mentioned,  or  as  successors  of  the  Cor- 
poration or  body  politic  incorporated  by  the  forty-fourth  chapter 
of  the  acts  of  the  year  eighteen  hundred  and  two,  by  the  title  of 
“ The  Trustees  of  John  Boylston’s  Charitable  Donations,  for  the 
benefit  and  support  of  aged  poor  persons,  and  of  orphans  and 
deserted  children,”  including  the  faithful  administration  and  ex- 
ecution of  all  the  trusts,  bequests,  legacies,  endowments  and 
charities  confided  to  them,  which  have  been  heretofore,  or  shall 
hereafter  be,  accepted  by  them. 

boy  to  the  care  and  direction  of  said  Corporation.  And  they  may  take  into 
said  institution  any  other  indigent  boys,  residing  in  the  city  of  Boston,  who 
have  no  parent  or  guardian  within  the  Commonwealth.  And  all  boys  so  ad- 
mitted shall  be  maintained  and  employed  in  said  institution,  and  shall  be 
instructed  in  moral  and  religious  duties,  and  the  learning  usually  taught  in 
the  common  town  schools.  And  when  of  suitable  age,  shall  be  employed  in 
a regular  course  of  labor,  and  be  so  instructed  in  agriculture,  or  such  other 
useful  occupations,  as  to  prepare  them  to  earn  their  own  livelihood.”  See 
also,  St.  1838,  c.  16 ; St.  1854,  c.  71 


STATUTES. 


Ill 


2.  The  said  Overseers  of  the  Poor  in  the  city  of  Boston  shall  now  composed 
consist  of  twelve  persons,  residents  of  the  city,  and  be  elected  by 

the  city  council  of  said  city  of  Boston,  by  concurrent  vote, 
in  the  following  manner,1  within  sixty  days  next  after  this  act 
shall  take  effect : The  said  city  council  shall  elect  four  persons 

to  hold  their  office  until  the  first  Monday  in  April,  in  the  year 
eighteen  hundred  and  sixty  seven,  and  until  other  persons  are 
elected  in  their  places  ; four  persons  to  hold  their  office  until  the 
first  Monday  in  April,  in  the  year  eighteen  hundred  and  sixty- 
six,  and  until  others  are  elected  in  their  places  ; and  four  persons 
to  hold  their  office  until  the  first  Monday  in  April,  in  the  year 
eighteen  hundred  and  sixty-five,  and  until  others  are  elected  in 
their  places ; and  thereafterwards  annually  on  the  first  Monday 
in  February,  or  within  sixty  days  thereafter,  four  persons  to  hold 
their  office  for  the  term  of  three  years  from  and  after  the  first 
Monday  in  April  next  following  such  elections,  respectively, 
and  until  other  persons  are  elected  in  their  places.  Vacancies 
occurring  in  said  Corporation,  from  any  cause,  may  be  filled  by 
said  city  council,  in  like  manner,  at  any  time ; and  the  person 
elected  to  fill  any  vacancy  shall  hold  his  office  during  the  term 
for  which  his  predecessor  was  elected.  The  city  council  shall 
also  have  power,  at  any  time  for  cause,  to  remove  either  of  said 
Overseers  from  office. 

3.  The  persons  so  first  elected  as  Overseers  of  the  Organization  °f 

L the  board. 

Poor  in  the  city  of  Boston,  shall  meet  and  organize2  on  the  first  Officers,  &c. 

® Ibid.  § 3. 

1 Under  the  City  Charter,  prior  to  the  Act  of  1864,  one  Overseer  was  chosen 
by  each  ward  at  the  annual  meeting,  and  the  persons  thus  chosen,  together 
constituted  the  Board  of  Overseers.  See  St.  1821,  c.  110,  § 19  and  § 52  of 
the  City  Charter.  Laws  and  Ordinances  (1863),  p.  21. 

2 City  Solicitor’s  Office,  46  Court  Street, 

Boston,  May  23,  1866. 

George  S.  Hale,  Esq.  ; — 

Dear  Sir  : I have  considered  the  question  proposed  to  me  in  your  com- 
munication of  the  17th  inst.,  viz:  Ought  the  Overseers  of  the  Poor  to  be 
sworn  ? 

It  is  true  that  the  Overseers  of  the  Poor  in  this  city  are  chosen  under  a 
special  act,  and  not  in  accordance  with  the  provisions  of  the  General  Statutes, 
and  that  they  are  a body  corporate,  having  powers  which  do  not  belong  to 
Overseers  of  the  Poor  by  virtue  of  the  general  law.  It  is  also  true  that,  while 


112 


ORDINANCE. 


18864, 128,  § 3.  Monday  of  the  month  succeeding  their  election,  and  those 
thereafterwards  elected  shall  meet  for  that  purpose  on  the  first 
Monday  in  April  of  each  year.  They  shall  choose  a chairman 
from  their  own  number,  and  a treasurer,  secretary,  and  such 
subordinate  officers  as  they  may  deem  expedient,  and  shall 
define  their  duties  and  fix  their  respective  salaries. 

To  report  to  the  4.  Said  Overseers  shall  render  such  accounts  and  re- 

ib?d.°§4nCl  ports  of  their  expenditures,  acts  and  doings,  as  may  be 
required  by  the  city  council,  and  the  same  shall  be  audited  and 
allowed,  if  according  to  law,  in  such  manner  as  the  city  council 
shall  from  time  to  time  determine. 


oid  board  to  5.  The  present  members  of  the  Corporation  shall  hold 

exist  until  new *  1 * 

one  is  organ-  their  office  until  others  are  elected  in  their  places,  under  the 

ibid.  § 6.  provisions  of  this  act. 


Overseers  and 
persons  em- 
ployed not  to  be 
interested  in 
purchases  or 
contracts, 
unless,  &c. 

Ibid.  § 6. 


6.  No  one  of  said  Overseers,  nor  any  individual  in 
their  employ,  shall  be  interested  in  a private  capacity,  directly 
or  indirectly,  in  any  contract  or  agreement  for  labor  or  for 
articles  furnished  by  direction  of  said  Overseers,  unless  the  same 
be  expressly  authorized  by  a recorded  vote  of  the  board. 


Repeal  of  other 
acts. 

Ibid.  $ 7. 


7.  All  acts  and  parts  of  acts  inconsistent  with  the  pro- 
visions of  this  act  are  hereby  repealed.  April  2,  1864. 


ORDINANCE. 


Ordinance  of 
June  15,  1864. 


An  Ordinance  relating  to  the  Overseers  of  the  Poor. 


Committee  on 
Overseers  to  be 


In  the  month  of  January  in  each  year  there  shall  be 


they  are  invested  by  the  act  of  their  incorporation  with  these  enlarged  powers, 
they  are  not  divested  of  any  power,  nor  exempted  from  any  duty  or  obligation, 
which  pertains  to  the  office  by  the  general  law.  All  general  legislation  in 
regard  to  Overseers  of  the  Poor,  not  inconsistent  with  the  special  legislation 
under  which  you  act,  is,  I think,  applicable  to  your  board. 

It  is,  therefore,  my  opinion  that,  as  the  General  Statutes  [c.  18,  § 31] 
provide,  without  exception,  that  Overseers  of  the  Poor  shall  be  sworn,  the 
usual  oath  of  office  ought  to  be  taken  by  the  “ Overseers  of  the  Poor  in  the 
city  of  Boston.” 

I am,  very  respectfully, 

Your  obedient  servant, 

J.  P.  HEALY. 


ORDINANCE. 


113 


appointed  a joint  committee  of  the  city  council  to  be  called  the  appointed. 
Committee  on  the  Overseers  of  the  Poor.  Jum 

2.  All  matters  within  the  control  and  jurisdiction  of  the  Duties  of  said 
city  council  relating  to  the  Overseers  of  the  Poor,  or  to 
paupers,  or  to  poor  and  destitute  persons,  or  to  the  city  Tempo- 
rary Home,  shall  be  referred  to  said  committee,  unless  otherwise 
ordered  by  tl^  city  council,  and  said  committee  shall  perform 

such  duties  as  are  herein  provided  for. 

3.  The  Overseers  of  the  Poor  shall  cause  to  be  kept,  overseers  to 
in  a neat  and  methodical  style  and  manner,  a complete  set  of  Form^books 
books  under  the  direction  of  said  committee,  wherein  shall  be  for  inve8ted 

funds. 

stated,  among  other  things,  in  detail,  the  mode  in  which  all  funds  ibid.  § 3. 
in  their  hands  are  invested  and  how  secured,  the  amount  and 
dates  of  all  receipts  and  expenditures,  and  to  whom  and  from 
what  funds  all  payments  of  money  are  made,  and  shall  preserve 
in  a safe  and  careful  manner  all  papers,  property,  evidences  of 
property,  vouchers,  and  other  things  entrusted  to,  and  deposited 
with  them.  They  shall  also  state  and  enter  in  said  books  what- 
ever other  particulars  said  committee  shall  direct,  relating  to 
any  property  or  moneys  in  their  hands,  entrusted  to  them  or 
expended  under  their  direction,  so  that  said  books  may  exhibit 
clearly,  completely,  and  in  detail,  all  matters  connected  there- 
with. 

4.  All  said  books,  papers,  and  property,  and  the  book  or  Books  may  be 
books  hereinafter  provided  for,  may  at  any  time  be  inspected  or  inspected  by d 
examined  by  the  mayor,  by  said  committee,  or  by  any  com-  ™ C1^ 
mittee  or  person  whom  the  mayor,  the  board  of  aldermen,  or  ibid.  §4. 
the  common  council  shall  direct  or  appoint  to  inspect  and  ex- 
amine the  same. 

5.  Said  Overseers  shall  also  cause  to  be  kept  in  a neat  and  Books  to  be 
methodical  style  and  manner,  another  book  or  set  of  books  accounts  of1 
under  the  direction  of  the  said  committee,-  wherein  shall  be  J^^Jioks, 
stated,  among  other  things,  the  name,  residence  for  as  long  a ibid.  §5. 
period  as  can  be  conveniently  ascertained,  birthplace,  occupa- 
tion, property  or  means  of  support,  whether  married  or  unmar- 
ried, name  of  husband  and  wife,  number,  names,  residences, 

and  occupation  of  children,  if  any,  and,  so  far  as  can  be  conve- 


15 


114 


ORDINANCE. 


June  15, 1864,  §5. 


Overseers  to 
report  to  city 
council  quar- 
terly. 

Ibid.  § 6. 


Overseers  to 
make  an  an- 
nual report. 
Ibid.  § 7. 


Committee 
shall  monthly 
examine  books 


niently  ascertained,  and  shall  be  of  importance  for  determining 
settlements  or  other  matters,  the  names  and  residences  of,  and 
other  information  in  regard  to,  the  ancestors  of  every  person  to 
whom  relief  or  assistance  shall  be  given  or  refused,  the  nature 
and  amount  of  such  relief  or  assistance,  and  the  cause  or  ground 
upon  which  the  same  is  given  or  refused,  and  the  source  or  fund 
from  which  it  is  taken  or  derived,  and  all  other  particulars  or 
information  which  it  is  for  the  public  interest  to  ‘preserve  or 
which  said  committee  shall  direct  or  request,  so  that  said  book 
or  books  may  present  in  a clear,  complete,  and  detailed  manner, 
and  in  such  a form  as  to  be  readily  found,  all  information  in 
regard  to  persons  to  whom  relief  is  given  or  refused,  which 
may  be  of  value  to  the  city  of  Boston  or  the  Commonwealth, 
now  or  hereafter. 

6.  Said  overseers  shall,  on  the  first  Mondays  of  January, 
April,  July,  and  October  in  each  year,  present  to  the  city 
council  a br|ef  and  condensed  report  of  their  doings,  receipts, 
and  expenditures  during  the  three  months  ending  with  the  last 
Monday  of  the  preceding  month,  showing  in  a succinct  manner 
and  in  such  a form  and  classification  as  they  shall  deem  expe- 
dient, or  said  committee  shall  direct,  their  receipts  and  expend- 
itures, and  the  number  and  description  of  the  persons  relieved 
without  naming  the  same,  and  in  what  manner. 

7.  On  the  first  Monday  of  February  in  each  year  they  shall 
submit  a report  of  their  doings,  receipts,  and  expenditures  tor 
the  year  ending  with  the  last  Monday  of  the  preceding  Decem- 
ber, containing  under  some  convenient  classification  the  facts 
and  information  comprised  in  their  four  preceding  quarterly 
reports,  together  with  a statement  of  all  moneys,  property  or 
investments  remaining  in  their  hands,  and  such  information  and 
suggestions  as  they  shall  deem  it  expedient  to  present  to  the 
city  council,  or  shall  be  requested  by  the  mayor  or  city  council 
or  by  said  committee  to  furnish,  and  they  shall,  whenever 
requested  by  the  mayor  or  city  council,  communicate  such 
information  as  may  be  desired  by  either. 

8.  On  the  second  Monday  of  each  month  said  committee 
shall  examine  all  said  books,  and  ascertain  whether  the  same 


ORDINANCE. 


115 


have  been  kept  in  conformity  with  the  provisions  hereof,  whether  and  «emi- 
all  payments  and  expenditures  for  the  month  ending  on  the  last  examine 
Monday  of  the  preceding  month  have  been  legally  made  and  l^e8tmentfl’ 
are  properly  vouched,  and  whether  relief  and  assistance  have  Junel5»18w,$s. 
been  legally  granted  or  refused.  At  least  twice  in  each  year, 
once  in  the  month  of  January,  and  once  in  the  month  of  June, 
said  committee  shall  examine  and  investigate  the  condition  and 
investment  of  all  property  intrusted  to,  and  deposited  with  said 
overseers.  And  if,  on  any  of  such  examinations,  it  shall  appear 
that  any  payment  or  expenditure,  assistance,  or  relief  has  been 
illegally  made  or  given,  is  not  properly  vouched,  or  due  care  is 
not  taken  in  regard  to  the  management,  preservation,  or  invest- 
ment of  said  property,  or  that  all  said  books  are  not  properly 
kept  according  to  the  provisions  hereof,  said  committee  shall 
thereupon  report  the  same  to  the  city  council  for  their  action, 
and  may  make  such  reports  and  suggestions  upon  any  matter  as 
they  shall  deem  expedient.  June  15,  1864. 


ORDER  OF  THE  CITY  COUNCIL.  IN  REGARD  TO  A BUILDING 
FOR  OVERSEERS  OF  THE  POOR. 

Ordered  : That  when  thirty  thousand  dollars  shall  be  raised  Building  for 
by  private  contribution,  and  paid  into  the  City  Treasury,  to  the  Poor, 
provide  a building  for  the  use  of  the  Overseers  of  the  Poor,  Dec’ 30>  1SG4, 
and  such  charitable  societies  as  the  city  council  may  from  time 
to  time  designate  to  be  occupants  thereof,  the  city  of  Boston 
will  appropriate  the  said  sum  and  such  amount  in  addition 
thereto  as  may  be  necessary,  not  exceeding  thirty  thousand 
dollars,  to  the  procuring  of  such  a building,  — the  building, 
however,  shall  be  the  property  of  the  city,  and  the  city  council 
shall  have  the  exclusive  right  to  control  and  dispose  of  it  as 
they  shall  deem  expedient.  December  30,  1864. 


TRUST  FUNDS 


, Donation  of 
A.  B.”  1. 


HELD  BY 

THE  OVERSEERS  OF  THE  POOR  IN  BOSTON, 

AS  A CORPORATION. 


At  an  early  period,  as  already  stated,  the  Overseers  having 
received  charitable  bequests  and  donations,  for  the  benefit  of  the 
poor,  it  was  found  necessary  to  give  them  a corporate  existence. 

The  following  extracts  from  the  Records  of  the  Overseers  em- 
body  an  early  declaration  of  their  wise  views  on  this  subject, 
while  they  furnish,  also,  a striking  and  interesting  illustration  of 
the  mutations  of  life. 


Copy  of  a letter  directed  to  John  Phillips,  Esq.,  Chairman  of 
the  Overseers  in  Boston  to  be  communicated,  which  Letter  was 
received  by  Col0.  Phillips  at  the  Meeting  of  the  Overseers  on 
June  4,  1760,  and  then  communicated. 

Boston  6 May,  1760. 

Sir  : As  the  Case  of  such  Persons  who,  by  the  Providence 

of  God,  are  reduced  from  a State  of  Affluence  to  a State  of 
Poverty,  must  be  very  uncomfortable,  and  what  may  be  satis- 


^his  donation  now  forms  a part  of  the  “ Pemberton  or  General  Fund,”  so 
called,  and  may  be  considered  the  foundation  of  the  latter.  All  the  donations 
and  legacies  successively  numbered  in  the  margin  are  included  in  this  fund 
when  it  is  not  otherwise  stated  in  the  text  or  by  a note. 


TRUST  FUNDS. 


117 


factory  to  those  of  the  poorer  Sort,  who  have  always  been  but 
in  low  condition,  may  be  very  uncomfortable  to  such  Persons. 

Therefore  it  is  the  Desire  and  Will  of  the  Donor  that  the 
enclosed  sum  of  sixty-six  Pounds,  thirteen  Shillings,  and  4d* 
be  an  established  Fund;  neither  the  Principal,  nor  any  Part  of 
it  ever  to  be  taken  from  or  diminished  on  any  Pretence  what- 
ever ; the  Principal  and  Interest  to  be  under  the  Care,  Improve- 
ment and  Direction  of  the  Overseers  of  the  Poor  of  the  Town  of 
Boston  and  their  Successors  forever  — Only  the  Interest  arising 
thereon  to  be  by  them  given  to  such  Person  or  Persons  of  good 
Character  who,  by  the  Providence  of  God,  have  been  reduced 
from  affluent  or  good  Circumstances  to  Penury  and  Want. 

It  is  not  meant  that  this  shall  be  a means  of  lessening  their 
Share  of  the  Town’s  Bounty  to  the  Poor,  but  that  it  be  given 
over  and  above  for  their  Comfort,  — it  is  left  to  the  Discretion  of 
the  Overseers  of  the  Poor  and  their  successors  forever  to  secure 
it  in  the  best  and  safest  Manner  for  the  Purposes  above. 

And  it  is  left  with  them  either  to  take  the  Interest  as  it  arises 
annually  and  apply  it  as  above  or  to  add  the  Interest  to  the 
Principal  untill  the  Interest  arising  therefrom  may  be  more,  or 
considerably  more,  and  then  apply  it  as  above  directed. 

• I am,  Sr  Y’s,  A.  B. 

It  has  long  been  the  Opinion  of  many  wise  and  judicious 
Persons,  that  the  Monies  given  by  the  charitably  disposed  to 
the  Poor  of  the  Town  to  be  applied  to  the  Relief  of  said  Poor  at 
the  Discretion  of  the  Overseers,  instead  of  being  immediately 
distributed  among  them,  would  better  answer  the  End  of  the 
Benevolent  Donors  and  produce  a greater  good  by  being  accu- 
mulated into  a charitable  Fund,  the  Principal  of  which  should 
remain  undiminished,  and  the  Interest  only  be  applied  to  the 
use  of  the  Poor,  in  Addition  to  what  may  be  rais’d  for  their  Sup- 
port by  a common  Tax. — A generous  Benefactor  to  the  Poor 
of  the  Town,  who  conceals  his  Name,  is  of  their  Opinion,  and 
has  prescribed  an  happy  Method  to  make  his  noble  Bounty  a 
lasting  one,  as  appears  from  his  Letter  transcribed  above. 

The  Overseers  cannot  forbear  to  record  their  Thanks  to  this 


ns 


TRUST  FUNDS. 


benevolent  unknown  Person,  and  their  Approbation  of  the 
Manner  he  has  dispensed  his  Charity,  being  fully  persuaded 
that  it  is  an  excellent  Way  of  doing  good,  which  they  hope  will 
be  imitated  by  others,  and  as  they  propose  to  add  to  the  Fund 
thus  begun  such  Monies  as  shall  be  given  to  the  Poor  at  the 
Direction  of  the  Overseers,  so  they  beg  leave  to  reccommend 
to  their  Successors  in  Office  a Fund  from  which  such  lasting 
Comfort  may  be  derived  to  those  who  having  been  reduced  from 
affiuent  and  good  Circumstances  to  Indigence,  demand  peculiar 
Pity  and  Relief. 

At  a Meeting  of  the  Overseers  of  the  Poor,  June  4,  1760. — 
Voted : That  the  preceding  Sum  of  sixty-six  Pounds  thirteen 
Shillings  and  four  Pence  remain  in  the  Hands  of  John  Phillips, 
Esq.  the  Interest  arising  therefrom  to  be  applied  by  the  major 
Vote  of  the  Overseers  to  such  Persons  only  as  are  described  in 
the  foregoing  Letter. 

Copy  of  a Letter  directed  to  John  Phillips,  Esq.  to  be  com- 
municated to  the  Overseers  of  the  Poor. 

Boston,  18th  Julf.  1760. 

Sir  : On  the  Sixth  of  May  last  I wrote  a Letter  directed  to 
you  to  be  communicated  to  the  Overseers  of  the  Poor  of  this 
Town ; in  it  I enclosed  a Sum  of  Money  to  be  applied  to  the 
Purposes  set  forth  in  said  Letter. 

In  some  Company  in  which  I happened  to  be  about  that  Time 
the  Affair  was  mentioned  and  it  was  hinted  as  though  the  Over- 
seers took  the  Design  of  the  Donor  to  be  that  the  Money  should 
be  applied  for  the  Benefit  of  the  Sufierers  in  the  late  great  Fire, — 
What  my  Design  is,  it  is  needless  to  repeat  as  it  is,  I think, 
plainly  set  forth  in  the  above  Letter,  which  is  quite  foreign  from 
such  an  Application. 

If  the  Fund  is  not  already  perfected  and  recorded  in  your 
Books  I would  with  all  Deference  desire  it  may  be  done  as  soon 
as  possible. 


Yours  die. 


A.  B. 


TRUST  FUNDS. 


119 


Twenty-five  years  afterwards  the  following  letters  were  re- 
ceived. — 

Boston,  Dec.  16,  1785. 

Sir:  On  the  6th  of  May  1760,  I wrote  a letter  to  John 
Phillips  Esq.  one  of  the  then  Board  of  Overseers  for  the  Poor, — 
With  it  I put  into  his  hands  £50.  Stg.  I think  that  was  the  Sum, 
This  money  I desir’d  might  be  dispos’d  of  as  set  forth  in  the 
above  letter,  the  Interest  arising  from  it  to  be  given  to  Objects 
of  Charity  who  might  be  reduced  from  Affluent  to  depress’d  situ- 
ation. My  circumstances  at  present,  through  the  operations  of 
the  times  and  other  events,  answer  the  above  description,  which 
Obliges  me  now  to  solicit  those  aids,  that  I once  assign’d  to 
others, — God  in  his  all-wise  Providence  and  unerring  Wisdom 
has  order’d  my  Lot  amidst  various  scenes  of  distress,  which  leads 
me  to  petition  your  aid,  and  being  inform’d  that  the  Honble 
Board  have  lately  had  large  Sums  of  Money  put  into  their  hands 
for  purposes  similar  to  the  above,  I do  therefore  Humbly  apply 
to  them  for  relief  under  my  Difficulties.  They,  I know  will  feel 
for  a friend  reduced  as  I am. 

Perhaps  the  Gentlemen  when  they  take  up  the  Matter  may 
think  that  as  I stand  in  need  of  what  I so  long  since  appropria- 
ted to  the  aforesaid  purpose,  that  it  would  be  right  to  give  back 
to  me  the  principal  sum, — This  I can’t  think  of,  I had  rather  suf- 
fer anything  than  the  donation  should  be  destroy’d.  I would  by 
all  means  have  it  operate  as  Originally  intended,  but  if  the  Gen- 
tlemen should  judge  it  proper  to  allow  that  or  any  other  sum  and 
consider  it  as  part  of  the  back  Interest  given  to  me  or  as  a free 
Donation  it  would  make  me  happy  and  I hope  thankfull.  Iff 
anything  should  be  done  it  may  be  put  into  Mr.  Prentiss’s  hands. 
I hope  the  Gentlemen  will  excuse  this  Solicitation,  which  arises 
from  the  Misfortunes  of  one  that  has  seen  better  Days.  I am 
Gentlemen,  your  affectionate, 

but  Distressed  friend,  A.  B. 

P.  S.  For  particular  reasons  I have  all  along  chose  and  do 
still  to  conceal  my  Name. 

To  Wm.  Phillips,  Esq.  President  to  the  Board  of  Overseers. 


120 


TRUST  FUNDS. 


Boston,  Dec.  26th,  1785. 

Sir  : Some  days  past  I took  the  freedom  to  write  you  a 
letter  to  be  Communicated  to  the  honble  Board  of  Overseers 
requesting  their  aid.  I am  informed  by  Mr.  Prentiss  that  it 
was  the  Opinion  of  the  Board  (on  expressing  my  Letter)  that 
they  could  not,  with  any  propriety,  make  a donation  to  an  un- 
known person,  — In  this  they  may  be  right,  in  General,  but  I 
think  it  is  a rule  that  in  some  Instances  will  admit  of  Exception — 
I think  my  Application  is  of  this  sort.  In  the  year  1760  a sum 
of  Money  was  put  into  the  hands  of  the  then  Board  of  Over- 
seers by  a person  under  the  Signature  of  A.  B.  and  a fund 
proposed  to  be  Established  for  the  purpose  of  Charity  under 
Certain  Simulations — This  is  Evident  to  the  board — It  is  likewise 
as  Evident,  that  the  same  person  that  then  made  the  Donation 
does  now  apply  to  the  HonbIe  Board  for  relief,  and  that  he 
is  by  the  providence  of  God  called  to  Solicit  that  Charity  which 
he  once  little  expected  to  want,  that  he  is  known  to  one  who  is 
a member  of  the  Board,  therefore  with  Submission  judges  that 
every-thing  is  known  that  is  necessary  to  give  a Sanction  to  a 
Donation  thus  Circumstanced,  and  that  no  one  can  possibly 
blame  the  board  for  such  a proceeding.  It  may  be  thought 
something  particular  in  me  that  when  my  Circumstances  are  so 
pressing,  that  I would  rather  suffer  than  let  my  name  be  known, 
but  when  I first  made  the  Donation  there  was  but  one  person 
(and  he  a member  of  the  Board)  that  was  privy  to  it.  I did  not 
wish  to  make  a boast  of  my  Generosity,  if  I could  be  a means 
of  Establishing  a fund  (tho’  of  small  beginnings)  for  the  pur- 
pose set  forth  in  my  letter,  and  that  it  might  be  a means  to  stimu- 
late others  to  do  the  like  — this  was  all  I wished,  and  that  it  has 
had  this  effect  is  evident  by  the  Donations  of  a like  kind,  that 
have  since  taken  place. 

I still  choose  to  keep  myself  unknown,  for  reasons  that  are  of 
weight  with  me.  My  situation  at  present  is  very  difficult  and  the 
donation  requested  wou’d  be  of  more  service  to  me  now  than 
perhaps  at  any  other  period,  and  should  the  Honble  Board 
grant  my  request,  I hope  I should  retain  a Gratefull  remembrance 
of  it,  but  if  otherwise,  I wish  quietly  to  acquiesce  in  this,  and 


TRUST  FUNDS. 


121 


every  Dispensation  of  Infinite  Wisdom  whose  decrees,  however 
afflicting,  are  design’d  in  Mercy  ! I am  Sir,  with  respect  and 
Esteem,  Yr.  Sincere  friend  and  Huml.  Servant, 

A.  B. 


WM.  PHILLIPS,  Esq. 


President  to  the  Board  of  Overseers. 


At  a Meeting  of  the  Corporation  of  the  Board  of  Overseers, 
Jan.  7,  1786. 

Yoted  — That  the  Treasurer  be  desir’d  to  give  the  following 
persons  out  of  the  Interest  Money  in  his  hands  to  ; — vizt : — 

Granted  ; Forty  pounds  to  A.  B.  known  by  the  Board  to  be 
the  person  who  under  that  Signature  gave  £66..  13.. 4,  into  the 
hands  of  the  Overseers,  as  will  appear  by  his  Letter  on  Record, 
dated  May  6,  1760,  he  being  now  Reduc’d  and  is  a real  Object 
of  that  Charity  which  his  benevolence  first  Instituted,  as  will 
more  fully  appear  by  his  two  letters  to  the  Board  dated  Dec. 
16th,  and  26th,  1785. 

Also  June  12,  1786,  $100. 

April  1,  1789,  Thirty  pounds.  Lawfull  money 

The  acts  by  which  the  Overseers  are  now  incorporated  for  the 
purpose  of  holding  charitable  bequests  and  donations  have  been 
already  inserted.1 

The  following  are  statements  of  donations,  or  extracts  from 
the  wills  of  various  charitable  persons,  by  which  bequests  have 
from  time  to  time  been  made,  and  from  the  Records  of  the 
Overseers  relating  to  the  same. 

From  the  will  of  the  Honle  Daniel  Oliver,  Esqr.  of  Bos- 
ton, Merchant,  proved  August  7th,  1732.  Prob.  Rec.  Yol. 
31,  page  29. 2 

“ I dispose  of  the  remainder  of  my  Estate  as  follows,  viz  : — 
Impri.  I give  and  bequeath  my  house  adjoyning  to  Barton’s 
Rope  walk,  called  Spinning  house,  with  the  Lands  as  now 

1 Ante  pp.  103 — 112. 

2 These  references,  when  not  otherwise  indicated,  are  to  the  Suffolk  Regis- 
try of  Probate. 

16 


II.  Devise  of 
Daniel  Oliver. 


122 


TRUST  FUNDS. 


fenc1  in  about  fifty  feet  square,  with  all  the  Proffits  and  In- 
comes of  it ; as  it  now  stands  in  my  Book,  (since  built) 
forever  to  be  improved  for  learning  poor  Children  of  the 
Town  of  Boston  to  read  the  word  of  God,  and  to  write  if 
need  be,  or  any  other  work  of  Charity  for  the  publick  Good,  ac- 
cording to  the  discretion  of  my  Executors  and  Executrix  here- 
after mentioned,  with  ye  advice  of  the  Ministers  of  ye  Brick 
South  Meeting  hous  and  their  Successors,  and  at  the  Deceas 
of  my  sd  Execs  and  Executrix  to  be  put  into  the  hands  of  the 
Selectmen  or  overseers  of  ye  Poor  of  the  Town  of  Boston,  as 
the  Minister  or  Ministers  of  the  said  South  Brick  meeting 
hous  shall  advise,  to  improve  sd  Charity  for  sd  publick  use  and 
no  other,  according  to  the  Design  of  the  Doner.” 


Petition  for  Authority  to  Sell  said  Estate. 

To  the  Hone  the  Senate  and  the  Honble  the  House  of  Re- 
presentatives for  the  Commonwealth  Massachusetts  in  General 
Court  assembled. 

The  Petition  of  the  Overseers  of  the  Poor  in  the  Town  of 
Boston.  Humbly  sheweth. 

That  by  the  Will  of  the  late  Honble  Daniel  Oliver,  Esqr,  an 
Extract  of  which  is  hereunto  annexed,  a certain  House  in  Boston, 
with  the  Land  thereto  appertaining,  was  bequeathed,  for  the  Sole 
Purpose  of  Educating  Poor  Children,  and  it  appearing  to  your 
Petitioners,  on  whom  the  Care  and  improvement  of  the  Premis- 
ses and  the  Execution  of  the  Will  of  the  Donor  is  now  devolved, 
that,  from  the  Circumstances  of  the  said  House,  the  laudable 
Intention  of  the  Donor  would  be  much  better  accomplish’d  by 
the  Sale  of  the  said  House  and  land,  and  placeing  the  Proceeds 
thereof  upon  some  other  Foundation,  they  therefore  pray  your 
Honors  to  permit  the  said  House  and  Land  to  be  sold,  and  to 
direct  such  disposal  of  the  proceeds  as  shall  to  your  wisdom 
seem  best  Calculated  to  carry  the  Design  of  the  Honble  Donor 
into  full  Effect. 

And  your  Petitioners,  as  in  Duty  bound,  shall  ever  pray. 

WILLIAM  PHILLIPS,  Chairman. 


TRUST  FUNDS. 


123 


Resolve . 

Commonwealth  of  Massachusetts. 

In  the  House  of  Representatives,  13th  February,  1783. 

On  the  Petition  of  the  Overseers  of  the  Poor  of  the  Town 
of  Boston. 

Resolved  ; That  the  Corporation  of  the  Overseers  of  the  Poor 
of  the  Town  of  Boston  be  and  they  hereby  are  authorized  and 
empowered  to  Sell  the  real  Estate  bequeathed  to  them  for  the 
Purpose  of  Educating  Poor  Children,  by  the  last  Will  and  Tes- 
tament of  the  late  honorable  Daniel  Oliver,  Esqr  deceased,  and 
to  make  and  execute  a good  and  sufficient  Deed  of  the  same  in 
Fee  Simple.  And  it  is  further  : 

Resolved ; That  the  Corporation  aforesaid  put  out  the  Pro- 
ceeds of  Sale  of  the  said  real  Estate  to  Interest  on  Landed  Secu- 
rity and  appropriate  and  use  the  annual  Income  thereof  for  the 
Instruction  of  poor  Children  in  Reading  the  Word  of  God,  and 
writing  if  need  be,  agreeably  to  the  Design  and  Intent  of  the 
aforesaid  Testator. 

Sent  up  for  concurrence, 

TRISTRAM  DALTON,  Spkr. 

In  Senate,  Feb’ry  13th,  1783, 

Read  and  Concurred, 

Approv’d  S.  ADAMS,  Presidt. 

JOHN  HANCOCK. 

From  the  will  of  Margaret  Blackador  or  Blackader,  of  Bos-  m.  Legacy  of 
ton,  proved  July  12th,  1755.  Prob.  Rec.  Yol.  50  page  200.  Bkckackr 

“ I give  and  bequeath  to  the  poor  of  the  Town  of  Boston 
the  Sam  of  Twenty-Six  pounds,  Thirteen  Shillings,  and  four 
pence  lawfull  Money,  to  be  paid  to  the  Overseers  of  the  poor 
of  the  same  Town.” 

At  a meeting  of  the  Overseers  held  June  4th,  1760,  it  was 
Voted,  That  the  sum  of  Twenty-six  pounds,  thirteen  shillings 
and  four  pence,  now  in  the  hands  of  John  Phillips  Esq.,  left  by 


1*24 


TRUST  FUNDS. 


the  late  Mrs.  Margarett  Blackader  to  the  Poor  of  this  Town,  and 
paid  by  her  Executors  into  the  hands  of  the  Overseers,  to  be 
dispos’d  of  according  to  their  best  discretion,  be  applied  to  the 
same  use,  and  remain  an  inseparable  part  of  said  Fund.1 

Donation  by  letter  in  17G0  of  John  Scollay,  former  Chair- 
iv.  Donation  of  man  of  the  Selectmen’s  Board,  for  persons  reduced  from  atflu- 
john  scollay.  ence^  0f  g00(j  character.  $222.22. 

The  principal  as  well  as  the  interest  of  this  donation  appears 
to  have  been  paid  out. 

From  the  will  of  Alice  Quick  of  Boston,  proved  Nov.  13th, 
V.  Legacy  of  1761.  Prob.  Rec.  Yol.  59,  page  210. 

“ I Give  to  the  Poor  of  the  Town  of  Boston,  to  be  paid  to  the 
Overseers  of  the  Poor,  the  Sum  of  Twenty-six  pounds,  thirteen 
Shillings  and  four  pence  lawful  Money  of  this  Province.” 


At  a meeting  of  the  Overseers,  March  16th,  1763. 

Voted  : That  John  Barrett,  Esq.  the  present  Chairman  be 
desired  to  receive  of  John  Phillips  Esq.  the  several  Legacies  and 
a Donation  in  his^iands  given  for  the  use  of  the  Poor  of  the 
Town,  viz  : — 


The  late  Mrs.  Blackader’s  Legacy, 

Mrs.  Quick’s  do 

A donation  from  a person  unknown,  A.  B. 


Interest  rec’d.  of  Col°.  Phillips, 


£26.13.4. 

26.13.4. 

66.13.4. 


£120.0.0. 

20.9.10, 


£140.9.10. 


March  31,  1763.  In  Consequence  of  the  above'Vota,  John 
Barrett,  Esq.  received  of  John  Phillips,  Esq.  the  following 
Treasurer’s  notes,  &c.  viz  : — 


1 This  vote  was  passed  in  connection  with  the  vote  on  p.  118,  in  regard  to 
the  donation  of  A.  B. 


TRUST  FUNDS. 


125 


A Note  dated  April  29th,  1762, 
Do  do 

Do.  dated  August  6th,  1762, 
Do.  dated  October  319t,  1762, 


£66.— 

3M 

13. — 

14. — 


£ 128. — 

Cash,  12.9.10 

£140.9.10 


N.  B.  The  Interest  of  the  above  Notes  as  it  becomes  due, 
belongs  to  the  Poor. 


From  the  will  of  Mary  Ireland,  proved  Oct.  7,  1763.  Prob.  VI-  Legacy 

^ L and  devise  of 

Rec.  Vol.  62,  p.  225.  Mary  Ireland. 

“ Item.  I order  that  all  the  Moneys,  arising  from  the  Sale 
of  my  estate  aforesaid,  together  with  what  Cash  I may  have  by 
me  at  my  decease  or  that  maybe  afterwards  received,  (debts  and 
legacies  aforesaid  being  first  paid,)  be  put  out  on  Interest  by 
my  Executors  hereafter  named,  they  taking  good  land  security 
for  the  same,  and  that  the  interest  thereof  be  annually  paid  to 
my  said  Sister  Ann  Staats,  and  this  to  be  for  her  comfortable 
support  during  her  natural  life.1 

Item.  After  the  decease  of  my  said  Sister  Ann  Staats  I give 
devise  and  bequeath  unto  the  poor  of  the  Town  of  Boston  the 
principal  Sum  aforementioned,  together  with  any  other  estate 
of  mine,  real  or  personal,  to  be  paid  or  delivered  to  the  Over- 
seers of  the  poor  of  said  Town  for  the  time  being,  and  my 
special  will  and  order  is  that  the  Overseers  aforesaid  put  the 
said  moneys  out  on  interest,  taking  good  land  securitys  therefor, 
one  half  of  the  interest  arising  on  the  same  to  be  annually 
. added  to  the  capital  sum,  and  this  for  the  term  of  twenty  years, 
said  term  to  begin  from  the  death  of  my  sister  aforesaid.  My 
further  will  and  order  is  that  the  other  half  the  interest 
money  during  the  said  term  shall  be  either  added  to  the 


1 Ann  Staats  lived  probably  until  1772,  the  date  at  which  the  Legacy  was 
received. 


126 


TRUST  FUNDS. 


principal  or  given  for  the  assistance,  relief  and  comfort  of 
thel  pj>or  of  such  condition  and  character  as  I shall  here- 
uncTernlescribe,  and  after  the  expiration  of  said  term  the  whole 
interest  that  may  arise  to  be  annually  disposed  of  in  the  same 
manner  forever,  leaving  it  with  said  Overseers  to  determine 
who  are  the  proper  object  or  objects  of  this  charity,  taking 
the  following  discription  of  them  for  their  guide  to  such 
determination,  viz4:  Persons  who,  by  the  providence  of  God 

have  been  reduced  from  a state  of  affluence  or  easy  and  comfort- 
able circumstances  to  the  reverse  of  all  this,  and  who  at  the 
same  time  maintain  a character  not  unbecoming  the  gospel  of 
Jesus  Christ,  or  the  children  of  such  deceased  parents  as  bore  this 
character,  and  who  may  require  a little  assistance  in  their  edu- 
cation or  some  support  during  that  time. 

Item.  My  Will  and  intention  is  that  the  aforesaid  charity 
of  mine  should  never  be  construed  as  intended  to  superscede  or 
take  off  any  assistance  the  town  may  or  would  afford  such  per- 
sons or  children  as  I have  above  discribed  but  shall  always  be 
considered  as  designed  to  be  over  and  above  all  such  help  and 
assistance.” 


Boston,  March,  1772. 

At  Meeting  of  the  Overseers  of  the  Poor  at  Work-house 
Hall,  John  Barrett,  Esq.,  their  Chairman,  reported  that  Thomas 
Gray,  Esqr.,  one  of  the  Executors  of  the  last  will  and  testament 
of  Mrs.  Mary  Ireland,  late  of  Boston, Widdow,  deceased,  inform- 
ed him  he  was  now  ready  to  pay  him  the  legacy  she  left  to  the 
Poor  of  the  Town  of  Boston,  to  be  deposited  in  the  Overseers 
hands.  But,  as  the  Overseers  were  not  incorporated,  they  could 
not  take  any  real  Estate  into  their  hands,  and  as  sundry  other 
Persons  have  left  legacys  for  the  use  of  the  Poor  of  said  Town, 
the  Overseers  unanimously  agreed  to  Petition  the  General  Court 
at  their  next  Sessions  for  an  act  to  make  the  Overseers  of  said 
Town  of  Boston  a Body  Corporate  for  said  Purpose. 

Petition . 

To  His  Excellency  Thomas  Hutchinson,  Esqr,  Governor  and 


TRUST  FUNDS. 


127 


Commander-in-chief  in  and  over  the  Province  of  the  Massachu- 
setts Bay,  The  Honorable  His  Majesty’s  Council  and  the  Hon- 
orable the  House  of  Representatives,  in  General  Court  assem- 
bled, April  8th,  1772. 

The  Petition  of  John  Barrett  and  others,  Overseers  of  the  Poor 
of  the  Town  of  Boston. 

Humbly  Sheweth. 

That  many  charitable  disposed  Persons  have  given  and  be-: 
queathed  considerable  sums  of  money  and  other  Interest  and 
Estate  to  the  Poor  of  the  Town  of  Boston  and  their  use,  and 
many  other  Persons  are  well  inclined  to  make  charitable  dona- 
tions to  the  same  good  purposes,  but,  your  petitioners  the 
Overseers  of  the  Town  of  Boston  not  being  incorporated, 
the  good  intentions  of  those  who  have  made,  and  of  those 
who  incline  to  make  such  charitable  donations  have  been 
either  wholly  frustrated  or  not  carried  into  effect,  wherefore 
your  petitioners  humbly  pray  that  the  Overseers  for  the 
time  being  of  the  Poor  of  the  Town  of  Boston  may  be 
created,  made,  erected  and  incorporated  into  a body  politick, 
by  the  name  of  the  Overseers  of  the  Poor  of  the  Town  of 
Bo^n  in  New  England,  and  that  they  and  their  successors 
in  Said -office  may  have  a perpetual  succession  by  said  name, 
for  the  purposes  before  mentioned ; as  in  duty  bound  shall 
ever  pray. 

JOHN  BARRETT. 

WILLIAM  PHILLIPS. 

BENJAMIN  DOLBEARE. 

WILLIAM  WHITWELL. 

WILLIAM  GREENLEAF. 

WILLIAM  WHITE. 

JOHN  LEVERETT. 

JOHN  GORE. 

SAMUEL  PATRIDGE. 

SAMUEL  WHITWELL. 

SAMUEL  ABBOT. 

DANIEL  WALDO. 


128 


TRUST  FUNDS. 


VII.  Donation 
or  legacy  of 
Anne 

Wheelwright. 


VIII.  Legacy 
of  Benjamin 
Pemberton. 


An  act  was  passed  incorporating  the  Overseers,1  and  their 
first  meeting  under  this  act  was  held  at  Workhouse  Hall,  June 
16th,  1772,  “In  Conformity  to  a Law  of  this  Province  to 
make  them  a Body  Corporate  for  Purposes  therein  expressed.” 

John  Barrett,  Esq.  was  chosen  Treasurer,  and  John  Leverett 
Esq.  Clerk.  William  Phillips  appears  to  have  acted  as  Chair- 
man. 

At  a meeting  of  the  Overseers  June  6th,  1764  : — 

They  then  receiv’d  Ten  Guineas,  being  a Donation  of  Mrs. 
Anne  Wheelwright,  lately  dec’d,  to  the  Poor  of  the  Town,  to  be 
disposed  of  by  Direction  of  the  Overseers. 

Whereupon,  Voted,  That  John  Barrett,  Esq.  the  present 
Chairman  be  desired  to  receive  it  to  be  added  to  the  Fund  already 
in  his  hands. 

From  the  will  of  Benjamin  Pemberton,  Esq.,  of  Roxbury, 
in  the  county  of  Suffolk,  proved  June  25th,  1782.  Prob. 
Pec.  vol.  81,  p.  146. 

‘ * After  all  the  within  bequeathed  Legacies,  and  other  Demands 
upon  my  Estate  are  discharged,  the  whole  Surplusage  and 
Amount  of  what- shall  then  be  remaining  of  my  Estate  I hereby 
give  and  bequeath  unto  the  Overseers  of  the  Poor  of  t^|  Town 
of  Boston,  and  to  their  Successors  in  said  Office,  for  the  Time 
being,  upon  this  special  Trust  & Confidence,  namely  the  same 
Surplusage  and  Remainder  of  my  Estate  to  be  by  them  put  to 
Interest  on  good  Security,  and  the  yearly  Income  thereof  be, 
by  said  Overseers  of  the  Poor,  from  Time  to  Time,  given  to  and 
applied  for  the  Relief  and  Assistance  of  such  Person  or  Persons, 
who,  being  of  good  Characters,  and  have  by  misfortune  fallen 
from  comfortable  Circumstances  to  Indigence  and  Want,  so  as  to 
become  proper  objects  of  such  Charity  in  the  Opinion  of  said 
Overseers,  in  such  Sum  or  Sums,  as  they  shall  think  proper, 
leaving  the  whole  Disposal  of  such  Income  for  the  Purpose 
above  mentioned  to  the  management  and  Direction  of  the  said 
Overseers. 


1 Ante  p.  103. 


TRUST  FUNDS. 


129 


The  following  is  extracted  from  the  Account  of  Sam1  Whit- 
well  and  Jona  Mason,  Executors  of  the  will  of  Bert  Pemberton. 
Prob.  Rec.  Vol.  82,  p.  335. 

Smndry  Bonds,  Notes,  Publick  Securities  &c  &c,  d’l,d  into 
ye  Hands  of  ye  Overseers  of  ye  Poor  of  ye  Town  of  Boston,  Viz11. 

Continental  Treasury,  by  Mr.  Hellegas,  Viz1. 

1 Note  dated  1st  Ap1  1777,  N°  448  for 


400  Dollars 

£120.-.- 

Interist*  on  ditto 

£10.4.9 

1 Note  dated  26  Ap1  1777,  N°  1536  for 
300  Dollars 

90.-.- 

u u cc 

7.6.8* 

1 Note  dated  27*June  1777,  N°  1622 
for  400  Dollars 

120.-.- 

u u cc 

15.14.9* 

2 Notes  dated  9th  Sept"  1777,  N°  775 
and  776  for  2000  Dollars 

600.-.- 

u a a 

71.10  0 

1 Note  dated  18  June  1778,  N°  1776 
for  500 

1 Note  ditto  ditto  N°  1777,  500 

1000  Dollars  is  worth  by  the  r 

scale  350  Dollrs  and  15-90th  ( 

105.1.- 

u u u 

13.19.2£ 

1 Note  dated  21  July  1778,  N°  4524 
for  300  Dollrs  worth  by  ye  Scale 

27.3.6 

66  66  66 

3.9.3 

1 Note  dated  21  April  1778,  N°  5759,  j 
1 ditto  5760,  1 ditto  N°  5761  for  200  \ 

81.15.9 

66  66  66 

11.12.6* 

Dollars  Ea  worth  by  the  Scale 

State  Treasury  Notes 

by  H.  Gardner,  Viz4 

1 Note  dated  June  1st  1777,  N°  62 

1 
1 


for 

£ 127.-.- 

ditto 

ditto 

N°  140  for 

50.-.- 

ditto 

ditto 

N°  141  for 

dt 

o 

j 

*i 

ditto 

ditto 

N°  249  for 

99.-.- 

326.-.- 

66 

66 

66 

83.6.6i 

1 Note  dated  Nov*  26  1777,  N°  584 

14.-.- 

66 

66 

66 

4.-2 

17  Notes  dated  1st  Jan?  1782,  from  ) 

1700.-.- 

66 

66 

66 

94.1.4 

N°  4056  to  4072  Each  Note  for  £ 100  ' 

1 ditto  dated  ditto  N°  4073 

50.9- 

u 

66 

66 

3.1.6 

John  Gill’s  Note  Hand  dated  Jan?  5 1782 

63.—.- 

ii 

66 

66 

6.5.10 

Abijah  Brown,  Peter  Ball  and  Abner 

Saunderson’s  Bond 

103.6.8 

66 

66 

66 

2.15.2 

Brown,  Ball  and  Saunderson’s  ditto 
— * 

40.-.- 

66 

66 

66 

1.1.4* 

1 The  periods  for  which  interest  is  calculated,  in  the  original  account,  are  omitted. 
17 


130 


TRUST  FUNDS 


Henry  'Williams  Bond 

220.-.- 

“ 

ii 

ii 

18.15.5 

Stephen  Williams  Note 

50.-.- 

“ 

ii 

ii 

4.5.4 

Lemuel  and  Benjn  May’s  Ballance  of  their 

Bond 

72.-.- 

a 

ii 

ii 

t25H5.9 

Jotham  Bellows  and  John  Rich,  Ballance 

of  Bond 

86.19.8 

a 

“ 

1.5.9| 

Abijah  Gale,  Stepn  Maynard  and  Peter 

Ball’s  Bond 

120.-.- 

a 

ii 

ii 

1.14.- 

John  Keyes,  Ballance  of  his  Bond 

250.-.- 

“ 

ii 

ii 

18.16.8 

Jeremiah  Green,  Ballance  of  his  Bond 

21.4.9 

a 

ii 

ii 

4.17.81 

Enoch  and  Oliver  Wiswell’s  Bond 

14.8.- 

a 

ii 

ii 

17. Hi 

Oliver  Wiswell  and  John  Cliampney’s 

Bond 

20.-.- 

a 

ii 

ii 

15.44 

John  Sellon’s  Bond 

150.-.- 

a 

“ 

8.12.6 

John  McClench’s  Bond 

200.2.- 

a 

30.12.2i 

Joseph  Headly  and  Joseph  Adams 

Bond 

60.-.- 

u 

ii 

ii 

21.17.- 

John  Morey  Junr>  Ballance  of  his  Bond 

93.17.- 

u 

ii 

ii 

8.— .- 

Joseph  Curtis  Note 

18.-.- 

“ 

“ 

ii 

1 9. ni 

Ichabod  and  David  Gay’s  Note 

20.-.- 

a 

ii 

ii 

2.— .- 

Lemuel  Child’s  Note 

100.-.- 

u 

ii 

ii 

1.5.- 

Peter  Ball’s  Note 

21.-.- 

ii 

2.7.3i 

John  Child  and  John  Child  Junr-  Note 

100.4.- 

u 

ii 

ii 

3.5.11 

Joseph  Brewer,  Notes  2.15.7 

27.14.- 

30.9.7 

ii 

ii 

ii 

12.2.114 

Aaron  Jones  and  Ephraim  Woodson’s 

Bond 

40.-.- 

ii 

“ 

ii 

9.13.4 

Miss  Minot’s  Account  for  Rent  due 

47.9.- 

£5176.9.11  £ 506.18. 64 

6176.9.11 

Debts  Due  from  Absentees. 

Sir  Francis  Barnard’s  Ballance  to  July 

1781  Sterling  £1162.13.6  * 

ditto  from  July  17,  1781  to 
June  11th  1782  at  £ 150 
Sterle  p*  annum  135. — .- 

£ 1297.13.6 

Adv  334  to  make  it  Lawfull  432.11.2 

1730.4.8 

Thomas  Flucker  Esqr  Note,  Interist 

paid  to  1774,  for  200. — .- 

Samuel  Quincy  Esq"  Note,  Interist  paid 
to  1774,  100. — .- 

Samuel  Quincy  Esqr  Note,  Interist  paid 

to  1774,  50.—.- 


£2080.4.8 


2080.4.8 


TRUST  FUNDS. 


131 


Debts  Supposed  to  be  Bad. 

Richard  Saltonstall  Note  dated  15th 

March  1754  £ 15. — .— 

Jeremiah  Gridley’s  Note  d°  May 

18th  1757  6.13.4 

John  Harvey’s  Note  d°  Octr 

26  1767  5.10.- 

Samuel  Mansfield  Bond  and  Mortgage  £ ^ 

for  445  Dollars, Interist  paid  to!761,  5 
Francis  Goff’s  Note  dated  October  27, 

1774  14.-.- 


£ 174.13.4 

174.13.4 

Treasurer  Gardner’s  Certificates,  one  for  eight  c 
Dollars,  one  for  Six  ditto,  one  for  Sixteen  ditto  ( 
Pews  in  the  Meeting  House  at  the  3d  Parrish  in 

9.— .- 

Roxbury  — 13  pews  on  the  lower  floor  valued  at 
£ 10. — Each 

130.-.- 

5 pews  in  the  Gallary  d°  a 24*  d° 

6.-.- 

£ 8083. 6. 5£ 


Massachusetts  New  Emmission  paper  Dollars  63 
Old  Continental  paper  Dollars  1021 

2 Ticketts  in  ye  4th  Class  of  ye  United  State  Lottery  N°  3146  and  N°  2923. 


From  the  will  of  Martha  Stevens,  proved  Sept.  13.  1785.  ix.  Legacy  of 
Prob.  Rec.  vol  84.  page  274.  . Seven*. 

“ To  the  Overseers  of  the  Poor  in  Boston  and  their  Succes- 
sors in  said  Office  Three  hundred  pounds,  the  Interist  of  which 
to  be  annually  given  to  the  descendents  of  such  reputable  Familys 
as  may  be  so  reduced  by  the  providence  of  God  as  to  want 
some  assistance  to  prevent  their  becoming  a Town  charge.” 

From  the  will  of  David  Jeffries,  Esq.,  proved  Jan.  3.  1786.  x.  Devise  of 
Prob.  Rec.  vol.  85,  p.  1.  David  Jeffrie,. 

“ Item.  Forasmuch  as  the  Town  of  Boston  have  done  me  the 
Honour  of  electing  me  to  the  Office  of  Town  Treasurer  in  con- 
stant Succession  from  the  Year  of  our  LORD  1750  to  1781  in- 
clusive ; and  whereas  the  said  Town  of  Boston  have  also  honoured 
me  with  their  Suffrages  for  the  Office  of  Treasurer  for  the 
County  of  Suffolk  since  the  year  1778,  my  Will  is  & I do  give 
devise  & bequeath  to  the  said  Town  of  Boston  two  hundred 
Acres. o£  my  Lands  at  Kennebeck,  viz1 : the  Lott  of  Land  in  pond 


132 


TRUST  FUNDS. 


XI.  Legacies 
and  devise  of 
John 

Boylston.  2. 


Town  (so  called)  in  the  County  of  Lincoln , being  one  Mile 
long,  & one  hundred  poles  wide,  & contains  two  hundred 
Acres,  more  or  less,  & is  Called  Lot  Number  Thirty-nine  & was 
assigned  me  by  the  Kennebeck  proprietors , as  p.  their  Vote  & 
Grant,  the  12th  day  of  December  1770,  & their  plan  dated  June 
11,  1766  may  more  fully  appear;  the  sd  Land  to  be  wholly 
under  the  Care  and  direction  of  the  overseers  of  the  poor  for  the 
Time  being,  or  of  the  major  part  of  them,  who  are  hereby 
authorized  & impowered  to  Sell,  or  let,  or  otherwise  improve 
the  said  Land,  as  they  shall  judge  to  be  most  for  the  Benefit  of 
the  Town  ; the  Monies  or  profits  arising  from  the  Rent,  or  the 
Interest  of  the  money  arising  from  the  Sale  of  said  Land  to 
be  applied  annually,  & forever  to  purchase  Tea,  Coffee , Choco- 
late & Sugar  for  the  Refreshment  of  those  persons  who  in  the 
providence  of  GOD,  are,  or  shall  be  reduced  & obliged  to  take 
Shelter  in  the  Almshouse  after  having  lived  reputably ; the 
Overseers  of  the  poor  to  be  the  Judges T as  to  the  persons,  but 
always  giving  the  preference  to  the  pious  Poor.”  1 2 

N.  B.  The  above  mentioned  200  acres  of  Land  were  sold, 
and  the  proceeds,  viz.  500  dollars  in  specie,  received  of  Stephen 
Osgood. 

This  sum,  with  subsequent  accumulations,  constitute  the 
Jeffries  Fund,  which  now  amounts  to  $ 1,000. 

Copy  of  the  larger  part  of  the  will  of  John  Boylston,  Esq.  of 
Bath,  in  Great  Britain,  proved  June  12,  1795.  Prob.  Rec. 
Vol.  94,  p.  17. 

“ I,  John  Boylston,  late  of  Boston  in  the  County  Suffolk  and 
Province  of  the  Massachusetts  Bay  in  New  England,  in  North 

1 These  terms  of  the  bequest  must,  it  seems  to  me,  be  literally  complied 
with.  It  matters  not  that  the  recipients  of  this  charity  would  be  provided 
with  the  same  necessaries  or  luxuries,  at  the  public  expense,  but  for  this 
provision,  and  that  they  derive  no  benefit  from  the  bequest.  The  articles 
purchased  with  the  proceeds  of  this  fund  should,  I think,  be  consumed  in  the 
Almshouse. 

J.  P.  HEALY,  City  Solicitor. 

2 These  legacies  now  constitute  the  Boylston  Relief  and  Boylston  Education 
Fund,  respectively,  held  by  the  Overseers  under  the  Act  of  Feb.  3,  1803, 
and  the  Acts  in  addition  thereto.  For  this  Act,  see  p.  105,  and  for  the  present 
amount  and  investments  of  the  funds,  see  post. 


TRUST  FUNDS. 


133 


^ * 

America,  but  now  residing  in  the  City  of  Bath  in  the  County 
of  Somerset,  Merchant,  being  of  sound  and  disposing  Mind 
Memory  and  Understanding,  Do  make  Publish  and  Declare  this 
my  last  Will  and  Testament  in  manner  following,  (that  is  to 
say)  I direct  that  all  my  Just  Debts  and  Funeral  Expences  shall 
be  Paid  as  ^on  as  may  be  after  my  Decease,  (and  which  ffuneral 
Expences  shall  not  exceed  Thirty  Pounds  of  lawful  Money  of 
Great  Britain).  And  I direct  that  my  Body  be  carried  to  the 
Grave  by  Six  Poor  Men,  and  not  in  a Herse  ! I also  direct  that 
one  Guinea  be  given  to  each  of  the  Masters  and  Mistresses  of 
the  Sunday  Schools  in  Bath  as  an  Encouragement  for  their  dili- 
gent Instruction  of  the  Children  under  their  Care.  Item,  I give 
and  bequeath  to  my  worthy  Friends  William  Cooper,  William 
Smith,  Oliver  Wendell  and  Ebenezer  Storer,  all  of  Boston 
aforesaid,  Esquires,  and  to  the  Survivors  and  Survivor  of  them, 
and  to  such  new  Trustee  or  Trustees  as  shall  be  chosen  as 
hereafter  mentioned,  the  Sum  of  One  Thousand  Pounds  of  law- 
ful Money  of  Great  Britain,  Upon  this  Special  Trust  and  Confi- 
dence, nevertheless,  that  they  the  said  William  Cooper,  Wil- 
liam Smith,  Oliver  Wendell  and  Ebenezer  Storer  do  and  shall 
lay  out  and  invest  the  said  Sum  of  One  thousand  Pounds  in  the 
Treasury  of  the  said  Province  of  the  Massachusetts  Bay,  or 
otherwise  at  their  best  discretion,  and  shall  and  do,  Yearly  and 
every  Year,  or  oftener  if  they  shall  think  fit,  pay  and  distri- 
bute the  Interest  to  arise  and  accrue  from  the  said  One  thousand 
pounds  unto  such  poor  and  decayed  Householders  of  the  Town 
of  Boston  of  either  Sex  not  under  the  Age  of  Fifty  Years,  as  they 
in  their  discretion  shall  think  fit,  being  Persons  of  Good  Charac- 
ter and  reduced  by  the  Acts  of  Providence  and  not  by  Indo- 
lence, Extravagancy  or  other  Vice,  (Preference  always  being 
given  to  the  nearest  Relations  of  me  the  Testator  any-where 
residing. ) And  it  is  my  Mind  and  Will  that  the  said  Charity 
be  not  too  generally  extended  but  Confined  to  such  a Number  of 
Proper  Objects  as  to  make  it  really  beneficial  to  those  on 
whom  it  is  bestowed And  that  my  said  Trustees  and  the  Sur- 


1 This  requires,  in  my  judgment,  that  the  recipients  should  be,  or  have  been 
householders  in  Boston.  Preference  should  be  given  to  the  relatives  of  the 


134  TRUST  FUNDS. 

4 4 

vivors  of  them  and  such  new  appointed  Trustees  as  hereafter 
mentioned  shall  and  do  continue  to  distribute  the  Interest  of 
the  said  One  thousand  pounds  in  manner  aforesaid  for  ever, 
Subject  to  the  Proviso  hereafter  mentioned,  (that  is  to  say)  Pro- 
vided always  and  it  is  my  Mind  and  Will  that  in  Case  at  any 
time  hereafter  any  Body  of  Persons  or  Trustees  shall  be  Incor- 
porated and  Established  by  any  Law  or  Laws  of  the  said 
Province  of  Massachusetts  Bay  for  Charitable  purposes  similar 
to  what  are  hereinbefore  mentioned,  that  then  and  as  soon  as 
6uch  Establishment  shall  be  made  by  Law,  I do  order  the  said 
William  Cooper,  William  Smith,  Oliver  Wendell,  and  Ebenezer 
Storer  and  the  Survivors  of  them  and  such  new  appointed 
Trustees  or  Trustee  to  be  nominated  and  chosen  as  hereafter 
mentioned,  to  pay  or  transfer  the  said  One  thousand  pounds  or 
the  Securities  in  which  the  same  shall  be  invested,  and  also  the 
Interest  thereof  remaining  unapplied,  unto  the  Officers  of  such 
Corporation  appointed  to  receive  the  same,  to  be  held  and  en- 
joyed by  such  Persons  or  Trustees  as  shall  be  so  Incorporated 
and  Established  by  such  Law,  and  their  Successors  forever,  for 
the  purpose  of  Carrying  such  Charitable  Design  into  Execution. 
Item.  I give  and  bequeath  to  the  said  William  Cooper,  Wil- 
liam Smith,  Oliver  Wendell,  and  Ebenezer  Storer  and  the 
Survivors  and  Survivor  of  them  and  such  new  appointed  Trus- 
tee or  Trustees  as  shall  be  chosen  as  hereafter  mentioned  the 
further  Sum  of  One  thousand  Pounds  of  like  lawful  Money ; 
Upon  this  Special  Trust  and  Confidence,  that  they  the  said 
William  Cooper,  William  Smith,  Oliver  Wendell,  and  Ebenezer 
Storer  and  the  Survivors  of  them,  and  such  new  elected  Trustee 
or  Trustees  as  hereafter  mentioned  shall  and  do  lay  out  and  In- 
vest the  said  Sum  of  One  Thousand  Pounds  in  the  Treasury  of 
the  said  Province  of  the  Massachusetts  Bay  or  otherwise  at  their 
best  Discretion,  and  shall  and  do  Yearly  and  every  Year  for  ever 


testator,  if  such  there  be  who  fulfil  the  conditions  of  the  bequest,  in  the  distri- 
bution of  this  charity ; but  no  relative  of  the  testator  can  share  in  the  proceeds 
from  this  fund,  unless  he  or  she  is,  or  has  been  an  householder  in  Boston,  and 
otherwise  comes  within  the  description  of  the  testator. 

J.  P.  HEALY,  City  Solicitor. 


TRUST  FUNDS. 


135 


pay  the  Interest  and  Profits  to  arise’  from  the  last  mentioned 
Sum  of  One  thousand  Pounds  unto  the  Overseers  of  the  Poor 
of  the  Town  of  Boston,  to  be  applied  by  the  said  Overseers  for 
the  Nurture  and  Instruction  of  poor  Orphans  and  deserted 
Children  of  the  said  Town,  (that  is  to  say)  for  the  purpose  of 
Cloathing,  Feeding  and  Teaching  such  Orphans  until  they  shall 
severally  attain  the  age  of  Fourteen  Y'ears  and  no  Longer,  when, 
if  not  before,  they  are  to  bind  them  out  to  such  useful  Arts  and 
Business  as  they  may  be  capable  of,  at  the  discretion  of  the 
said  Overseers,  Subject  to  the  Proviso  next  hereafter  mentioned, 
(that  is  to  say)  Provided  always  and  it  is  my  Mind  and  Will 
that  in  Case  at  any  time  hereafter  any  Body  of  persons,  Trustees, 
shall  be  Incorporated  and  Established  by  any  Law  or  Laws  of 
the  said  Province  for  the  Support  and  Education  of  such  poor 
Orphans  and  deserted  Children  of  the  Town  of  Boston,  that 
then  in  such  Case,  as  soon  as  such  Establishment  shall  be 
made  by  Law,  I do  direct  my  said  Trustees  and  the  Survivors  of 
them  and  such  new  elected  Trustee  or  Trustees  as  hereinafter 
mentioned,  to  pay  or  transfer  the  said  One  thousand  Pounds  or 
the  Securities  in  which  the  same  shall  be  Invested,  together  with 
the  Interest  remaining  in  Hand,  unto  the  officers  of  such  Cor- 
poration appointed  to  receive  the  same,  to  be  holden  by  such 
Corporation  and  their  Successors  forever  for  the  Uses  and  Pur- 
poses last  aforesaid.  Item,  I give  & bequeath  to  my  two 
Executors,  Moses  Gill  and  John  Pitts  of  Boston  Esquires,  the 
Sum  of  Four  hundred  Pounds  of  lawful  Money  of  Great 
Britain,  upon  trust  to  place  the  same  at  Interest  in  such 
manner  as  they  shall  think  fit,  and  to  pay  the  Interest  of  the 
said  Four  hundred  Pounds,  as  the  same  shall  arise  and  become 
payable,  to  my  Sister  Mary  Boylston  for  and  during  her  Natural 
Life,  and  upon  the  Death  of  my  said  Sister  Mary  Boylston,  I 
give  the  said  Four  hundred  Pounds,  together  with  all  the  Interest 
that  shall  become  due  for  the  same  from  the  Time  of  her  de- 
cease, to  the  said  Trustees,  upon  such  and  the  same  Trusts, 
and  to  and  for  the  same  Ends,  purposes  and  Intents  as  are  here- 
inbefore Mentioned  with  respect  to  the  two  several  Sums  of  One 
thousand  Pounds,  and  One  thousand  Pounds  hereinbefore  by  me 


136 


TRUST  FUNDS. 


bequeathed  for  the  Benefit  & Support  of  the  said  Aged  Poor  Per- 
sons, Orphans  and  deserted  Children,  in  equal  Moieties  — And 
it  is  my  further  Mind  and  Will,  that  when,  and  as  often  as  any 
one  of  my  said  Trustees  shall  depart  this  Life,  that  then,  and  in 
such  Case,  in  order  to  keep  up  a sufficient  Number  of  Trustees 
the  then  Surviving  Trustees,  or  the  Major  Part  of  them,  do, 
(as  soon  as  may  be)  Choose  some  other  able,  fit  and  discreet 
person  to  be  a Trustee  with  them  to  make  up  the  number  of 
ffour,  And  thereupon  the  Surviving  Trustees  shall  Transfer  all 
and  Singular  the  said  Trust  Money  and  Effects,  and  renew  all 
the  Securities  remaining  with  them  by  Virtue  of  this  my  Will, 
in  the  Names  of  them  the  said  Survivors  and  such  other  Person 
as  they  shall  name  to  be  Trustee  with  them  their  Executors  and 
Administrators  ; To  hold  upon  Trust  for  the  Performance  of 
this  my  last  Will  and  Testament,  and  then  my  Will  is  that  the 
Old  and  New  Trustees,  the  Survivors  and  Survivor  of  them, 
shall,  to  all  Intents  and  Purposes,  have  the  same  Power  and 
Authority  and  be  in  and  supply  the  place  of  all  my  Trustees 
first  named,  and  this  from  time  to  time  as  often  as  there  shall 
be  Occasion,  (that  is  to  say)  when  and  as  often  as  any  of  them 
shall  dye  and  there  shall  remain  any  Trust  unperformed,  the 
Survivors  may  take  the  like  Course  as  aforesaid  and  fill  up  the 
Number  with  another  fit  Person  until  all  the  said  Trusts  be  Per- 
formed. And  it  is  my  Mind  and  Will  and  I do  hereby  direct 
that  my  Trustees  hereinbefore  named,  or  such  new  Trustee  or 
Trustees  as  shall  be  so  appointed  as  aforesaid,  or  my  Executors 
hereafter  Mentioned,  shall  not  be  answerable  any  one  for  the 
other  or  others  of  them,  but  each  of  them  for  himself  only  and 
for  his  own  Act  and  receipt  only,  nor  shall  my  said  Trustees, 
any  or  either  of  them,  be  chargeable  or  Accountable  for  any  loss 
that  may  happen  by  the  Investing  or  laying  out  the  said  Lega- 
cies or  either  or  any  Part  of  either  of  them,  at  Interest,  from 
time  to  time  in  pursuance  of  the  Trusts  hereby  reposed  in  them, 
nor  with  or  for  any  involuntary  Loss  which  shall  or  may  happen 
to  any  of  the  said  Trust  Monies  without  their  respective  Wilful 
Default ; and  that  they  my  said  Trustees  and  Executors  shall 
not  be  answerable  for  any  more  than  what  they  shall  actually 


TRUST  FUNDS. 


137 


receive ; and  that  it  shall  and  may  be  lawful  to  and  for  my 
said  Trustees  and  such  other  Trustee  or  Trustees  as  shall  be  so 
appointed  as  aforesaid,  and  for  my  said  Executors  respectively, 
by  and  out  of  the  said  Trust  and  other  Money  which  shall  come 
to  their  Hands  to  deduct  and  retain  for  themselves  all  such  Costs, 
Charges  & Expences  as  they  or  any  of  them  shall  or  may  sus- 
tain, suffer  or  be  put  unto  by  reason  of  the  Trusts  hereby  in 
them  reposed  or  of  any  Matter  relating  thereto. 

Item  ; I give  and  bequeath  to  my  said  Executors  at  Boston, 
the  Sum  of  Five  hundred  pounds  of  like  Money  upon  Trust,  to 
place  the  same  at  Interest  in  such  manner  as  they  shall  think 
fit,  and  to  pay  the  Interest  of  the  said  Five  hundred  pounds,  as  it 
shall  become  due,  to  my  Nephew,  Gillam  Tailer,  for  and  during 
his  natural  Life,  and  upon  the  Death  of  my  said  Nephew  Gillam 
Tailer,  I give  the  said  Five  hundred  pounds,  together  with  all  the 
Interest  that  shall  become  due  for  the  same  from  the  time  of 
his  decease,  to  the  said  Trustees  upon  such  and  the  same  Trusts 
and  to  and  for  the  same  Ends,  purposes  and  Intents  as  are  here- 
inbefore mentioned  with  respect  to  the  two  several  Sums  of  One 
thousand  Pounds  and  One  thousand  pounds  herein  before  by  me 
bequeathed  for  the  Benefit  and  support  of  the  said  Aged  Poor 
Persons,  Orphans  and  Deserted  Children  in  equal  Moieties. 
* * * * * As  for  and  concerning  all  the  rest  and 

Residue  and  Remainder  of  my  Estate  and  Effects  whatsoever, 
both  real  and  Personal,  I give  devise  and  Bequeath  the  same  to 
my  Executors  hereinafter  Named  (except  the  following  Legacies) 
To  hold  to  them,  their  Heirs,  Executors,  Administrators  and 
Assigns  upon  such  and  the  same  Trusts,  And  to  and  for  the 
same  Ends,  Uses,  Intents  and  Purposes  as  are  hereinbefore  men- 
tioned with  respect  to  the  two  several  Sums  of  One  thousand 
Pounds  and  One  thousand  Pounds  by  me  bequeathed  for  the 
Benefit  and  Support  of  Aged  Poor  Persons, Orphans,  and  Deserted 
Children,  in  equal  Moieties.  And,  as  my  Affairs  in  Great  Britain 
make  it  unnecessary  to  Employ  more  than  one  Person  here  for 
Executing  my  Requests  after  my  Decease,  I do  appoint  the  said 
Harry  Daniel  Mander  Esqr  to  be  my  Sole  Trustee,  requesting 
him  that  my  Body,  being  born  by  Poor  Men  early  in  the  Morn- 


18 


138 


TRUST  FUNDS. 


ing,  [be]  interred  in  a decent  and  frugal  Manner  in  the  nearest 
Parish  Church  Yard,  with  a Grave  Stone  Inscribed,  viz — “ Here 
repose  the  Remains  of  Mr  John  Boylston,  of  Boston  in  New 
England,  who  Died  in  the  Humble  Hope  of  a Happy  Immortality, 
Aged  Years  (I  was  Born  in  1710)  — I do  Request  that, 
after  my  Decease,  my  said  Trustee  Harry  Daniel  Mander  would 
take  the  first  Opportunity  to  advise  The  Honourable  Moses 
Gill  and  John  Pitts  Esquires,  my  Executors  at  Boston,  of  that 
Event,  Whom  I do  appoint  to  be  Executors  of  this  my  Will  for 
the  Management  of  my  Affairs  in  America ; And  I do  Give  to 
each  of  them  and  to  my  said  Trustee  Harry  Daniel  Mander 
Esqr  Twenty-five  Pounds  of  lawful  Money  of  Great  Britain. 

And  I also  give  to  each  of  my  said  Trustees,  William  Cooper, 
William  Smith,  Oliver  Wendell  and  Ebenezer  Storer  Twenty- 
five  Pounds  of  like  Money  for  his  and  their  Care  and  Trouble  in 
Carrying  the  Trusts  of  this  my  Will  into  Execution.  And,  hereby 
revoking  all  former  and  other  Wills  by  me  at  any  time  heretofore 
made,  I do  declare  this  to  be  my  last  Will  and  Testament.  In 
Witness  whereof  I,  the  said  John  Boylston,  have  to  this  my  last 
Will  and  Testament,  and  to  a duplicate  thereof,  each  contained 
in  Six  Sheets  of  Paper,  to  the  first  five  Sheets  Set  my  Hand,  and 
to  the  Sixth  and  last  Sheet  Set  my  Hand  and  Seal  this  Twenty- 
Second  Day  of  February  in  the  Year  of  our  Lord  One  thousand 
seven  hundred  and  Ninety-three. 

JOHN  BOYLSTON  (L.  S.) 

Signed,  sealed  Published  and  declared  by  the  ^ 
said  Testator  John  Boylston  as  and  for  his  last  I 
Will  and  Testament  in  the  presence  of  us,  who,  I 
in  his  Presence  and  at  his  request  and  in  the  Pres-  j 
ence  of  each  other,  have  Subscribed  our  Names  as  | 

Witnesses  thereunto  — J 

HENRY  BARNES  of  Bristol 
OZIAS  GOODWIN, 

ROBERT  EMERY 

The  first  record  of  the  Donations  of  John  Boylston  is  made 
Deoember  30,  1807,  and  includes  both  Education  and  Relief 
funds,  as  follows  : — 


TRUST  FUKDS. 


139 


/ in  the  Clerk’s  Office 

2 bonds  Moses  Gill,  27,168.00^  in  the  County  of 

(.  Worcester. 

$17,141.27  3 p.c.  Stock, cost  10,017.72 
Cash  in  hands  of  Treasr.  205.61 

$37,391.33 

Dec.  31,  1816;  The  Accounts  were  separated,  and  amount 
as  follows  : 

Relief  $ 24,430.02  Education  $ 25,259.97 

Each  of  these  accounts  contained  an  item,  of  Gill’s  bonds 
amounting  to  $ 13,584,”  which  proved  worthless. 

From  the  Will  of  Jonathan  Mason,  proved  July  15,  1798. 
Prob.  Rec.  vol.  96,  p.  223. 

‘ ‘ I give  and  bequeath  to  the  Town  of  Boston  the  Sum  of  One 
thousand  dollars,  to  be  paid  to  the  Overseers  of  said  Town  and 
by  them  laid  out  in  the  Public  securities  of  the  United  States, 
the  interest  of  which  Sum  annually  to  be  given  to  the  stand- 
ing Chaplain  of  the  Alms  house  and  Work-House,  or  by  what- 
ever other  name  called,  and  untill  there  shall  be  one  regularly 
appointed,  I desire  and  direct  that  the  interest  be  annually 
added  to  the  principal,  and  when  so  appointed,  the  annual  in- 
terest of  the  whole  Sum  to  be  given  as  above.” 

March  6,  1800.  Rec’d  of  Mr.  Bowen  a donation  of  13  dols., 
being  so  much  collected  by  him  at  his  Museum  for  the  Benefit 
of  poor. 

May  29,  1813.  Rec’d  of  Justice  Gorham  half  the  amount 
of  three  fines  assessed  on  persons  smoaking  cigars  in  the  Streets, 
Three  dollars. 

Sept.  26,  1810.  .Received  of  S.  Gorham,  Esq.  one  half  the 
amount  of  a fine  incurred  by  Wendell  the  Baker  for  light  Bread, 
$5.00. 


XII.  Legacy 
of  Jonathan 
Mason.  (1) 


XIII.  Dona- 
tion of  Mr. 
Bowen. 


XIV.  Fines 
from  Mr. 
Justice  Gor- 
ham. 


1 This  now  constitutes  the  Mason  Fund. 


140 


TRUST  FUNDS. 


XV.  Legacy 
o Samuel 
Dexter. 


XVI.  Legacy 
of  Mrs.  H. 
Driscoll. 


From  the  Will  of  Samuel  Dexter,  proved  May  7,  1811. 
Worcester  Prob.  Pec.  vol.  39,  p.  391. 

“ I give  to  the  Overseers  of  the  Poor  of  the  Town  of  Bos- 
ton,1 2 where  I was  long  an  Inhabitant,  Three  hundred  & 
fifty  dollars,  being  desirous  to  contribute  a mite  towards  a 
fund  for  supplying  with  Firewood  or  Coal,  such  poor  persons, 
objects  of  charity,  as  are  not  supported  in  the  Alms-House, 
though  sometimes  relieved  by  the  Overseers  ;a  having  often, 
when  one  of  that  body,  seen  instances  of  such  persons  being 
in  distress  for  want  of  Fuel  in  the  Winter  season,  and  having 
divers  years  ago  been  shown  the  sketch  of  a plan  for  raising 
such  a fund  for  their  Benefit ; I order  the  Money  to  be  paid, 
eighteen  months  after  my  decease,  into  the  hands  of  said 
Overseers,  the  interest  to  be  applied  to  the  purpose  aforesaid,  as 
they  shall  from  time  to  time  think  proper.” 

This  amount  was  received  May  6,  1812,  and  now  constitutes 
the  Dexter  Fund. 

From  the  Will  of  Mrs.  H.  Driscoll.3 

“ I give  and  bequeath  to  the  poor  of  the  Town  of  Boston  One 
hundred  dollars,  to  be  paid  to  the  Overseers  of  the  said  Poor 
within  a reasonable  time  after  my  decease  by  my  Executor  here- 
after named.” — 


1 David  A.  Neal,  bequeathed  to  the  Mayor  and  Aldermen  of  the  City  of 
Salem  the  sum  of  five  thousand  dollars,  the  interest  or  income  of  which  was 
from  time  to  time  to  be  expended  in  the  purchase  of  fuel  “ to  be  given  or  sold 
at  low  prices,  as  may  be  deemed  best  by  the  trustees,  to  such  worthy  and  in- 
dustrious persons  as  are  not  supported  in  whole  or  in  part  at  the  public  expense, 
but  who  may  need  some  aid  in  addition  to  their  own  labor  to  enable  them  to 
sustain  themselves  and  their  families  during  the  inclement  season  of  the  year; 
such  aid  to  be  afforded  in  the  most  private  manner  possible,  and  the  names  of 
the  recipients  to  be  withheld  from  the  public.”  The  trustees  named  declined 
the  trust ; a petition  was  presented  by  the  Mayor  to  the  Supreme  Court  pray- 
ing for  the  appointment  of  a trustee,  and,  all  parties  in  interest  desiring  that  the 
City  of  Salem  might  be  appointed,  the  Court  were  of  opinion  that  it  was 
competent  for  the  city  in  its  corporate  capacity  to  assume  that  responsibility, 
and  a decree  to  that  effect  was  accordingly  entered. — Webb  v.  Neal,  5 Allen,  575. 

2 1 can  have  no  doubt  that  the  income  of  the  fund  should  be  appropriated 
to  the  furnishing  of  fuel  to  such  persons  as  need  assistance  from  the  Over- 
seers of  the  Poor,  and  are  not  inmates  of  the  almshouse,  being  able  to  supply 
themselves  with  the  larger  part  of  the  necessaries  of  life  from  their  own 
means.  — J.  P.  Healy,  City  Solicitor. 

3 No  re’cord  of  this  will  has  been  found  in  the  Commonwealth. 


TRUST  FUNDS. 


141 


Mrs.  Driscoll  died  in  Dec.  1814:  the  above  sum  of  $ 100. 
was  received  Aug.  4,  1815,  of  Mr.  S.  H.  Babcock,  Executor. 

From  the  will  of  William  Breed,  proved,  Sept.  15th  1817.  ^wiiua^7 
Prob.  ReC.  vol.  115  p.  566.  Breed. 

“To  the  overseers  of  the  poor  of  the  town  of  Boston,  I 
give  and  bequeath  one  thousand  dollars  in  trust,  to  apply  the 
income  thereof  at  their  discretion  to  such  poor  persons  as  have 
seen  better  days  & stand  in  need  of  relief,  and  it  is  my  wish 
that  the  said  principal  sum  should  be  added  to  and  make  part 
of  the  Pemberton  donation,  so  called.” — 

1818  March  4.  Received  of  Major  S Swett  a donation  of  xvin.  Dona- 
his  pay  as  representative  in  the  last  Session  of  the  General  g^ett/  ’ amue' 
Court,  Forty  two  dollars. 

From  the  will  of  Samuel  Elliot,  proved  Jan.  24,  1820.  xix.  Legacy 
Prob.  Rec.  vol.  118,  p.  91.  EinoT^1 

“ I give  to  the  Overseers  of  the  Poor  of  the  town  of  Boston 
Fifteen  Hundred  dollars  — the  annual  interest  whereof  is  to  be 
by  them  given  yearly  to  such  decayed  families,  and  poor  per- 
sons of  good  character  in  said  Town  as  they  shall  think  best ; 

Persons  not  in  the  Almshouse  or  maintained  by  the  town  in 
whole  or  in  part  are  here  intended.  The  capital  sum  to  be 
reserved  as  a fund,  or  added  to  any  fund  already  or  that  may 
hereafter  be  provided  or  established  for  this  pupose.” 

From  the  will  of  John  Coffin  Jones,  proved  November  9,  xx.  Legacy 
1829.  Prob.  Eec.  vol.  127.  p.  479.  Sone"’!'1  Co®n 

“I  give  & bequeath  all  my  Interest  in  five  Shares,  in  the 
Muskingum  Company  in  the  State  of  Ohio,  of  which  I am 
original  proprietor,  to  my  Son  in  Law  Ebenezer  Chadwick,  in 
Trust ; the  same  to  be  applied,  or  the  proceeds  thereof,  at  his 
discretion,  viz  ......... 

One  Share  of  the  said  five  shares,  to  be  transferd,  by  my  said 
Trustee,  to  the  Board  of  Overseers,  of  the  City  of  Boston,  to  be 
applied  to  the  Fund,  for  the  relief  & subsistance  of  Persons  of 
good  Moral  Character,  who  have  been  reduced  to  Poverty  by  ad- 
verse events,  the  same  to  be  applied,  at  the  discretion  of  the 
said  overseers.” 

Received  April  1,  1832,  100.  Feb.  21  1833  43.— 143 


142 


TRUST  FUNDS. 


XXI.  Legacy 
of  Mary 
Belknap. 


XXII.  Chari- 
ties founded 
by  David  Sears. 


From  the  will  of  Mary  Belknap,  proved  Sept.  17,  1832. 
Prob.  Rec.  vol.  130,  page  215. 

‘ ‘ I give  to  the  Overseers  of  the  Poor  of  the  city  of  Boston 
and  their  successors  forever,  One  thousand  dollars,  as  an  addi- 
tion to  the  Pemberton  Fund,  so  called,  and  to  be  appropriated 
by  said  Overseers,  in  the  same  way  and  manner  in  which  said 
fund  is  to  be  appropriated.” 

In  addition  to  the  foregoing,  the  liberality  of  a living  citizen 
of  Boston,  whose  generosity  has  hitherto,  at  his  own  desire, 
been  kept  in  a great  measure  from  the  public  knowledge,  has 
established  two  charitable  Foundations,  under  the  names  of 
the  “Fifty  Associates’ Charity”  and  the  “ Searstan  Charter- 
llouse.” 

By  a deed  from  the  Honorable  David  Sears,  dated  May  1, 
1852,  the  income  of  certain  real  estate  having  been  by  prior 
deeds  set  apart  to  form  a fund  called  the  “ Donation  Fund,”  to 
be  held  by  the  Fifty  Associates  as  Actuaries,  it  is  further  pro- 
vided, that  one-third  of  the  income  of  this  fund  shall  be  paid 
to  the  Overseers  of  the  Poor,  or,  in  their  default,  to  the  city  of 
Boston,  to  such  persons  or  committee  as  the  Mayor  and  Aider- 
men  and  Common  Council  and  their  successors  may,  from  time 
to  time,  authorize  and  determine,  for  permanent  investment  as 
the  “ Fifty  Associates’  Charity,”  “ subject  always  to  the  condi- 
tions, limitations,  divisions  of  income,  and  forfeiture  of  said 
Donation  Fund,  of  which  it  makes  a part,  and  on  which  it  is 
dependent. 

It  being  understood,  however,  that,  until  otherwise  notified 
in  writing  by  the  founder  of  the  Donation  Fund  or  his  heirs, 
the  Actuaries  of  the  Fifty  Associates’  Charity  are  authorized  to 
expend  the  whole  of  the  income  of  their  fund  in  the  manner  and 
for  the  objects  hereinafter  declared  : — 

To  have  and  to  hold  the  same  to  the  said  parties  forever, 
subject  to  the  above  conditions  and  forfeiture  ; and  to  revert, 
with  all  its  property  and  estate,  to  said  David  Sears,  the  donor 
thereof,  and  his  heirs,  whenever  and  at  the  same  time  the  said 
Donation  Fund  shall  terminate,  be  forfeited,  or  cease  to  exist, 


TRUST  FUNDS. 


143 


— for  the  purposes  and  objects  hereinafter  written.  That  is  to 
say,  for  the  following  objects  and  purposes  ; viz.,  the  aforesaid 
parties  or  committees  as  actuaries  of  the  permanent  fund,  the 
Fifty  Associates’  Charity,  hereby  created,  are  to  receive  the  in- 
come of  said  fund  as  it  arises  from  its  investments,  and  are  to 
expend  the  whole  of  the  said  income,  until  otherwise  notified  as 
above,  exclusively,  but  in  their  discretion,  on  the  following  ob- 
jects, — namely,  in  aid  and  for  the  support  of  primary  or  scien- 
tific schools  for  the  instruction  and  education  of  the  children  of 
meritorious  citizens  and  others  who  have  done  the  State  some 
service ; in  aid  and  for  the  support  of  citizens  or  families  who 
may  have  seen  better  days  ; in  aid  and  for  the  endowment  of 
such  literary  or  charitable  or  other  institutions  as  may  be  needed 
or  desirable  ; and,  finally,  for  purposes  of  charity  in  all  its 
forms,  in  such  a manner  as  may  best  tend  to  alleviate  the  suffer- 
ing of  human  life,  and  render  the  condition  of  the  poor  more 
comfortable.” 

For  these  purposes  the  Overseers  now  hold,  subject  to 
the  powers,  reservations,  and  conditions  contained  in  the 
Founder’s  deeds  relating  thereto,  which  cannot  be  conveniently 
stated  here,  the  principal  sum  of  $25,527.12,  which  is  annually 
increased  by  its  share  of  the  income  already  mentioned. 

By  deed  of  August  28,  1856,  the  Founder,  pursuant  to  the 
powers  reserved  by  his  former  deeds,  set  apart  one-half  of  the 
income  of  the  Fifty  Associates’  Charity,  or,  at  the  option  of  the 
Overseers,  one-half  of  their  future  receipts  from  the  Donation 
Fund,1  to  which  he  added  a further  sum  of  Five  Thousand  Dol- 
lars and  a grant  of  ten  acres  of  valuable  land  in  Koxbury  and 
Brookline,  for  the  establishment  of  a charitable  institution  to  be 
called  the  “ Searstan  Charter-House,”  and  “ to  be  applied  to 
the  erection  and  improvements  of  a charitable  institution  for  the 
comfortable  maintenance  of  beneficiaries  asking  such  relief,  and 
to  the  formation  of  certain  funds  for  their  sustenance  and  sup- 
port : in  such  wise,  that  that  respectable  but  generally  helpless 


1 The  Overseers  elected  to  set  apart  one  half  of  the  future  receipts  from  the 
donation  fund. 


144 


TRUST  FUNDS. 


class  in  the  community,  who  from  honorable  positions  have 
fallen  into  decay,  and  who  have  too  much  self-respect  to  depend 
on  casual  charity, — too  proud  to  beg,  and  yet  too  poor  to  live 
without  assistance,  — may  be  supplied  with  a home  rent  free , 
and  with  an  an  allowance  for  food  and  clothing ; and  putting  it 
in  the  power  of  all,  if  so  inclined,  in  the  days  of  their  pros- 
perity, to  provide  for  themselves,  and  in  some  degree  for  those 
they  love,  against  the  material  ills  of  life,  — from  loss  of  fortune, 
and  the  helplessness  of  age.” 

This  general  statement  from  a letter  of  Mr.  Sears  to  the 
Overseers,  tendering  these  gifts,  explains  the  design  of  the 
donor. 

The  proceeds  of  ten  shares  of  the  capital  stock  of  the  Fifty 
Associates  were  also  appropriated  for  this  purpose,  and  have 
been  expended,  with  the  sum  of  five  thousand  dollars  already 
mentioned  and  the  accumulations  of  income,  in  the  erection  of 
four  houses  for  the  accommodation  of  the  beneficiaries  and  the 
improvement  of  the  land. 

The  total  cost  of  buildings  and  improvements  has  been  $27,- 
595.62. 

In  the  deed  of  August  28th  the  Founders’  design  is  stated  to 
be — to  establish  “ a charitable  foundation,  upon  the  plan  herein 
set  forth,  with  the  view  of  providing  a comfortable  residence 
and  support  for  all  persons  by  or  for  whom  proportionate  con- 
tributions shall  be  made  to  the  amount  and  in  the  manner  here- 
inafter specified,  and  who,  by  reason  of  poverty,  or  other  mis- 
fortune, shall  be  desirous  to  avail  themselves  thereof so  that, 
being  suitable  subjects  for  such  relief,  and  duly  admitted  to  the 
benefits  of  the  Institution,  the  beneficiaries  may  not  be  charge- 
able to  the  public  or  dependent  on  casual  charity. 

This  deed  provides,  among  other  things,  for  the  establishment 
and  support,  under  the  management  of  the  Overseers,  as 
Trustees,  with  a Governor  and  Directors  from  their  own  num- 
ber and  other  officers  to  be  chosen  by  them,  of  an  Institution, 
to  be  called  the  “ Searstan  Charter-House;  ” — for  the  consti- 
tution of  a fund,  to  be  entered  in  an  account  designated  the 
“ Personal  Deposit  Account,”  for  the  particular  benefit  of 


TRUST  FUNDS. 


145 


the  Founder’s  issue  as  beneficiaries ; — that  beneficiaries  shall 
be  entitled  to  lodge  and  dwell  in  the  Institution  rent  free  and  to 
an  allowance  for  board  and  other  necessary  expenses,  or,  if 
lineal  descendants  of  the  founder,  to  an  allowance  as  out-pen- 
sioners. 

It  also  provides  that  other  persons,  presented  by  the  Directors 
with  the  unanimous  approval  of  the  Trustees,  may  become 
patrons , on  certain  terms,  including  the  deposit  of  a certain 
amount,  not  less  than  $ 3,000,  by  each,  to  be  credited  as  a per- 
sonal deposit  account, — for  the  benefit  of  any  persons  whom 
they  designate  and  the  descendants  of  such  persons  ; — and  that 
persons  entitled  to  the  benefits  of  the  4 ‘ Personal  Deposits  ” and 
their  descendants,  wives,  widows,  or  collateral  relatives,  depend- 
ent on  any  of  then*  for  support  may  be  admitted,  under  specified 
circumstances,  and  in  a certain  order  of  preference,  by  the 
Directors,  with  the  approval  of  the  Trustees. 

On  the  failure  of  the  issue  of  the  Founder  or  of  any  Patron, 
beneficiaries  at  large,  without  contributions,  may  be  admitted  to 
the  benefits  of  their  respective  deposits. 

The  Mayor,  Aldermen  and  Common  Council  of  the  City  of 
Boston  are  appointed  a Board  of  Control  with  certain  visitatorial 
powers,  and  provision  is  made,  in  certain  contingencies,  for  the 
discontinuance  and  dissolution  of  the  Charter-House. 

The  beneficiaries  of  this  Charity,  therefore,  are  to  be  those 
already  designated  by  the  Founder,  and  those  who  may  be 
hereafter  designated  by  others,  permitted  by  the  Trustees  and 
Directors,  in  accordance  with  the  terms  of  the  Trust,  to  become 
patrons  — and  their  descendants,  wives  or  collateral  relatives. 

The  foregoing  is  only  a brief  and  imperfect  notice  of  these 
Trusts. 

They  are  contained  in  the  following  instruments,  to  which 
reference  may  be  had. 

1.  David  Sears  to  the  Fifty  Associates,  August  1,  1823. 

Suffolk  Deeds,  Lib.  284,  Fol.  18. 

2.  David  Sears  to  the  Fifty  Associates,  January  10,  1825. 

Suffolk  Deeds,  Lib.  296,  Fol.  25. 


19 


146 


TRUST  FUNDS. 


3.  David  Sears  to  Overseers  of  the  Poor  of  City  of  Boston, 

May  1,  1852.  Suffolk  Deeds,  Lib.  633.  FoL  64. 

4.  David  Sears  to  Overseers  of  the  Poor  of  City  of  Boston, 

Aug.  28,  1856.  Norfolk  Deeds,  Lib.  250,  Fol.  221. 

5.  Actuaries  of  the  Donation  Fund  to  the  Fifty  Associates, 

Dec.  18,  1858.  Suffolk  Deeds,  Lib.  749,  Fol.  270. 

The  property  devoted  to  this  purpose  now  consists  of  the 

land  and  buildings  already  mentioned ; and  the  future  accumu- 
lations of  income,  after  the  repayment  to  the  “ Fifty  Asso- 
ciates’ Charity”  of  the  balance,  yet  due,  with  interest,  of  a cer- 
tain amount  appropriated  for  the  buildings,  are  to  be  appro- 
priated, as  provided  by  the  deeds,  to  the  support  of  the 
Charter-House  and  for  the  beneficiaries. 


FIFTY  ASSOCIATES’  CHARITY. 

Ledger  balances,  June  12,  1866. 


12  shares  Fifty  Associates’ 

Corporation  stock  . $12,300  00 
2 notes  City  of  Boston  . 13,000  00 

Due  from  Searstan  Char- 
ter-House . . . 99  03 

Cash  for  invest- 
ment . . 128  09 

Relief  . . 217  13 

345  22 

$25,744  25 


Capital 

Balance  of  income  on 
hand 


$25,527  12* 
. 217  13 


$25,744  25 


The  total  amount  of  trust  funds  in  the  treasurer’s  hands  June 
12,  1866,  including  the  4 ‘ Fifty  Associates’ Charity  ” and  the 
funds  mentioned  in  the  following  statement,  appears  to  be  : — 
Of  investments  . . . $181,176  92 

Cash 1,027  52 


Total  . . . $182,204  44 

Showing  a considerable  increase  since  January  1,  1866,  when 
the  total  amount  was  $177,888.81. 

1 The  income  from  this  capital  is  expended  semi-annually  for  the  relief  of 
the  poor,  pursuant  to  the  directions  of  the  donor.  The  number  of  benefici- 
aries is  now  seventy-five. 


TRUST  FUNDS. 


147 


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BY  LAWS 


OF  THE 

OVERSEERS  OF  THE  POOR.1 


I.  The  officers  of  the  Board  shall  be  a Chairman,  Secretary, 
and  Treasurer,  together  with  the  Visitors  hereafter  named  ; and 
such  clerks  or  agents  as  the  business  may  require ; and  no  paid 
officer  shall  be  a member  of  the  Board.  No  one  of  the  Over- 
seers, nor  any  individual  in  their  employ,  shall  be  interested 
in  a private  capacity,  directly  or  indirectly,  in  any  contract  or 
ageement  for  labor,  or  for  articles  furnished  by  direction  of  said 
Overseers,  unless  the  same  be  expressly  authorized  by  a recorded 
vote  of  the  Board. 

II.  A stated  meeting  of  the  Board  shall  be  held  on  the  first 
Monday  of  each  month  during  the  year.  At  the  stated  meet- 
ing in  April,  the  Board  shall  proceed  to  the  election  of  a Chair- 
man from  its  own  number.  At  the  same  meeting  the  Board 
shall  also  proceed  to  elect  a Treasurer  and  Secretary,  and  fix 
the  Secretary’s  salary. 

III.  A central  office  shall  be  established,  in  a convenient  situ- 
ation, with  ample  accommodations  to  receive  the  applications  of 
the  poor ; and  for  this  purpose  such  office  shall  be  open  to  ap- 
plicants every  day  in  the  year,  at  such  hours  as  the  Board  from 
time  to  time  shall  appoint.  It  shall  be  recommended  to  the  city 
to  provide  a building  to  contain  the  central  office,  and  as  many 
of  the  offices  of  charitable  societies  as  can  be  accommodated 
with  convenience  and  advantage,  and  as  can  render  services  to 
the  Board,  which  may  be  an  equivalent  for  their  rent.  It  is 
designed  that  the  Overseers  and  their  officers  shall  consult  and 
co-operate  with  such  societies. 


1 Adopted  September  5,  1864,  and  amended  April  3,  1865.  See  the  Records 
of  the  Board,  — organized  under  St.  1864,  c.  128,  vol.  1,  pp.  8,  19,  20. 


BY  LAWS. 


149 


IV.  Except  in  cases  of  pressing  necessity,  no  relief  shall  be 
afforded  to  any  person  who  has  not  been  previously  visited  by 
some  member  of  the  Board,  or  by  some  person  authorized  by  the 
Board,  and  the  case  recorded  at  the  central  office. 

Y.  There  shall  be  in  attendance,  at  such  office,  during  the 
hours  appointed,  the  Secretary  of  the  Board,  or  some  officer  or 
member  thereof,  whose  duty  it  shall  be  promptly  to  hear  every 
application  for  relief,  and  to  cause  the  same  to  be  recorded  with 
all  useful  particularity,  in  conformity  with  the  City  Ordinance, 
in  a book  to  be  kept  for  that  purpose.  In  cases  of  pressing 
necessity,  it  shall  be  the  duty  of  the  officer  receiving  such 
application  to  afford  such  temporary  aid  as  may  at  the  time  be 
necessary.  And  in  every  case,  it  shall  be  the  duty  of  some 
officer  of  the  Board  promptly  to  visit  the  applicant  and  to 
record  in  a book,  to  be  kept  for  that  purpose  in  said  office,  the 
facts  observed  or  obtained  upon  such  visit,  and  the  opinion  of 
the  visitor  as  to  the  necessity  and  nature  of  aid  or  relief,  which 
records  shall  be  properly  arranged  and  indexed. 

VI.  All  applications  and  reports,  which  in  their  nature  and 
circumstances  admit  of  it,  shall  be  referred  to  a Committee 
of  the  Board,  to  consist  of  five  members,  to  be  called  the 
Committee  of  Investigation  and  Relief,  of  whom  three  shall 
be  a quorum,  who  shall  decide  whether  any  relief  be  given, 
and  if  any,  the  nature  and  extent  of  the  same,  which  decision 
shall  be  recorded,  and  shall  be  promptly  carried  into  effect  by 
the  Secretary,  or  other  officer,  for  that  purpose  designated  by 
the  Board.  The  meetings  of  said  Committee  shall  be  held  at 
the  central  office,  and  shall  be  sufficiently  frequent  to  afford  to 
the  poor  seasonable  hearing  and  aid. 

VII.  Any  person  aggrieved  by  the  decision  of  any  officer  of 
the  Board,  or  of  the  Committee,  shall  have  an  opportunity  to 
be  heard  by  the  Board,  at  convenient  times,  to  be  hereafter 
appointed. 

VIII.  In  addition  to  the  officers  specifically  named  in  the  stat- 
ute, the  Board  shall  appoint  suitable  subordinate  officers, who  shall 
be  called  visitors,  whose  duty  it  shall  be  personally  to  visit  the 
applicants  for  relief,  and  to  make  the  report  hereinbefore  pro- 


150 


by  Laws. 


vided,  and  who  shall  be  paid  for  such  service,  at  such  rates  as 
shall  be  determined  by  a vote  of  the  Board. 

IX.  Any  citizen  of  Boston  shall  be  at  liberty  to  refer  to  the 
Board  for  investigation  and  relief,  if  needed,  such  cases  as  he 
may  deem  suitable  for  relief  or  inquiry. 

X.  The  Board  shall  appoint  the  following  Standing  Com- 
mittees, in  addition  to  that  named  in  Article  VI.  to  wit : A 
Committee  of  Finance  and  Accounts,  to  consist  of  three  mem- 
bers ; a Committee  on  Employment,  Settlements,  and  Removals, 
to  consist  of  three  members  ; whose  duty  it  shall  be,  in  addition 
to  ascertaining  settlements  and  attending  to  removals,  to  assist 
the  poor,  who  are  able  to  w'ork,  in  obtaining  employment;  a 
Committee  on  the  Temporary  Home,  to  consist  of  three  mem- 
bers ; and  a Committee  on  Supplies,  to  consist  of  three  mem- 
bers, who  shall  superintend  the  purchase,  deposit,  and  delivery 
of  all  food,  clothing,  fuel,  and  other  articles  for  distribution, 
other  than  those  of  the  Temporary  Home,  subject  to  such  rules 
as  may  be  adopted  by  the  Board.  Xo  bills  shall  be  paid  by  the 
Treasurer  without  a vote  of  the  Board  authorizing  the  same. 

XI.  Tickets  may  be  issued  according  to  rules  adopted  by  the 
Board,  entitling  the  holders  to  a meal  at  the  Temporary  Home ; 
or  to  a lodging,  according  to  their  sex,  at  the  Home,  or  at  the 
police  station. 

XII.  It  shall  also  be  recommended  to  the  city  that  the  police 
stations  be  used,  as  at  present,  for  temporary  lodgings ; and 
food  be  given  there  to  the  destitute  at  night  and  on  Sundays,  so 
that  persons  asking  relief  in  the  streets  may  always  be  sent,  at 
those  times,  to  the  nearest  station-house,  and  at  others,  to  the 
central  office.  Reports  of  the  names,  residences,  and  occupa- 
tions of  all  persons  lodged  or  fed  at  the  stations,  shall  be  sent 
daily  to  the  central  office.  And  if  the  Board  shall,  at  any  time, 
deem  it  expedient,  a visitor  or  member  may  attend  at  the  several 
police  stations,  at  fixed  hours,  for  the  purpose  of  receiving  ap- 
plications, which  shall  be  recorded  and  the  applicants  visited,  as 
if  received  at  the  central  office. 


4V 


OVERSEERS,  COMMITTEES,  ETC. 


151 


OVERSEERS  OF  THE  FOOR  IN  THE  CITY  OF  BOSTON. 

To  hold  office  until  the  first  Monday  of  April  1867  : 

Robert  C.  Winthrop,  Chairman , 

Joseph  Buckley, 

Loring  Lothrop, 

Ebenezer  Atkins. 

To  hold  office  until  the  first  Monday  of  April  1868  : 

Thomas  C.  Amory,  Jr. 

Joel  Richards, 

George  S.  Hale, 

William  B.  Spooner. 

To  hold  office  until  the  first  Monday  of  April,  1869  : 

Francis  E.  Parker, 

James  L.  Little, 

Martin  Griffin, 

Thomas  Blasland. 

Otis  Norcross,  Treasurer . 

John  Pratt,  Secretary . 

Miss  Nellie  M.  Conyers,  Matron  of  Temporary  Home, 
STANDING  COMMITTEES.1 

1.  Investigation  and  Relief.  — Messrs.  Robert  C.  Winthrop, 

Loring  Lothrop,  Ebenezer  Atkins,  George  S.  Hale,  and 

Thomas  C.  Amory. 

2.  Finance  and  A.ccounts.  — Messrs.  Francis  E.  Parker,  James 

L.  Little,  and  Martin  Griffin. 

3.  Employments , Settlements , and  Removals.  — Messrs.  Thomas 

C.  Amory,  Francis  E.  Parker,  and  Thomas  Blasland. 

4.  Temporary  Home.  — Messrs.  Joseph  Buckley,  Joel  Richards, 

and  James  L.  Little. 

5.  Supplies. — Messrs.  William  B.  Spooner,  Ebenezer  Atkins, 

and  Joseph  Buckley. 


1 To  hold  office  until  the  first  Monday  of  April,  1867. 


152 


TEMPORARY  HOME. 


OFFICERS  OF  THE  SEARSTAN  CHARTER-HOUSE.1 

Chairman  and  Governor.  — Hon.  Robert  C.  Winthrop. 

Directors . — Messrs.  Winthrop,  Buckley,  Spooner,  Little, 
and  Blasland. 

Treasurer.  — Otis  Norcross. 

Clerk  and  Recorder.  — John  Pratt. 

THE  CITY  TEMPORARY  HOME. 

The  following  account  of  this  Institution  has  been  prepared 
for  the  manual,  at  the  request  of  the  Committee,  by  a member 
of  the  sub-committee  in  charge  thereof : 

The  “ City  Temporary  Home,”  in  charge  of  this  Board,  was 
established  at  No.  133  Charles  Street,  on  the  first  day  of  May, 
1862.  It  can,  therefore,  no  longer  be  considered  an  experi- 
ment, but,  if  continued,  must  assume  its  proper  position  among 
the  beneficent  institutions  of  the  city ; and  it  is  considered  by 
those  having  acquaintance  with  the  detail  of  its  operations,  that 
for  a comparatively  moderate  outlay  of  money,  it  is  accomplish- 
ing a more  than  compensating  amount  of  good,  to  a class  of 
persons  who  would,  in  all  probability,  otherwise  become  a per- 
manent charge  upon  the  bounty  of  the  city  or  state. 

This  house  is  not  intended,  and  is  not  used  for  the  accommo- 
dation of  any  person  who  from  any  cause  is  entirely  destitute 
or  unable  to  earn  a living  and  must  become  a permanent  re- 
cipient of  the  charity  of  the  public.  For  these  the  institution 
of  the  city,  at  Deer  Island,  and  those  of  the  State,  at  Bridge- 
water,  Tewksbury  and  Monson,  have  been  provided,  and  to  one 
of  them  such  persons  are  immediately  forwarded  if  they  happen 
to  be  brought  to  the  “ Home.”  But  as  its  title  indicates,  it  has 
been  instituted  for  granting  such  temporary  shelter  and  food  as 
may  be  needed  by  persons  who  require  such  assistance,  while  en- 
deavouring to  procure  employment  or  find  friends  who  are  able 
and  willing  to  provide  for  them. 

Many  women  reach  the  Home,  who  have  come  from  abroad  in 

1 To  hold  office  until  the  first  Monday  of  April,  1867. 


TEMPORARY  HOME. 


153 


search  of  friends  or  employment,  and  we  have  had  the  satisfac- 
tion, in  numerous  instances,  of  discovering  the  former  for  them, 
or,  failing  in  this  particular,  of  procuring  good  situations  for 
them,  where  they  could  earn  an  independent  support. 

The  number  of  young  girls  from  the  country  and  the  neigh- 
bouring States  who  have  been  induced  to  come  to  the  city  in  the 
hope,  and  in  many  instances  with  the  promise  of  employment 
at  high  rates  of  compensation,  and  who,  when  here,  find  them- 
selves abandoned  and  disappointed,  and  feel  in  their  loneliness 
and  despair  almost  compelled  to  enter  upon  a life  of  shame  and 
infamy,  is  much  larger  than  any  one  not  intimately  acquainted 
with  the  subject  would  easily  realize ; many  of  these  find  their 
way,  or  are  brought  to  us,  and  are  properly  cared  for,  and,  if 
good  situations  cannot  be  procured  for  them  after  a few  days’ 
trial,  they  are  returned  to  the  homes  they  had  left. 

We  have  in  mind  the  case  of  a young  girl  not  more  than 
seventeen  years  of  age,  the  daughter  of  a professional  gentleman 
in  a neighboring  State.  She  had  been  deceived  by  a young  man 
to  whom,  with  the  consent  of  the  parents,  she  was  betrothed ; 
he  had  enlisted  and  gone  to  the  war,  and,  finding  that  before 
many  months  she  must  become  a mother,  in  a state  almost  of 
distraction,  she  left  her  home,  in  the  hope  of  hiding  her  shame 
from  the  knowledge  of  her  parents,  and,  with  no  other  definite 
idea,  came  to  Boston,  where  she  was  entirely  a stranger,  and, 
after  wandering  the  streets  for  some  time,  was  accosted  by  a 
female,  who  carried  her  to  a house  of  prostitution ; here  she 
was  found  and  brought  to  the  Home,  when,  after  a few  days  of 
kind  and  sympathetic  treatment,  she  was  induced  to  tell  her  story 
to  the  matron,  and  the  result  was  her  restoration  to  The  home 
and  the  hearts  of  her  parents ; the  young  man  who  had  been 
the  cause  of  her  fall  was  written  to,  he  obtained  a furlough, 
returned  home,  and  made  the  only  atonement  in  his  power  by 
marrying  the  girl,  and  when  last  heard  from,  they  were  living 
in  peace  and  comfort,  with  nothing,  apparently,  but  the  recol- 
lection of  their  transgression  to  cast  a shade  over  their  lives. 
This  is  not  by  any  means  an  isolated  case  ; but  is  stated  in  illus- 
tration of  one  of  the  many  opportunities  of  doing  good  and  con- 


20 


154 


TEMPORARY  HOME. 


ferring  a benefit  upon  our  fellow  creatures  which  are  constantly 
arising  at  this  establishment. 

In  the  course  of  the  year  the  Home  receives  as  inmates  many 
women  who  have  been  at  the  State  Alms  Houses,  or  perhaps 
in  private  charitable  institutions,  for  the  purpose  of  being  con- 
fined ; they  come  with  their  infants,  and  if  no  objection  is  ap- 
parent, places  are  found  for  them  in  good  families  as  wet  nurses, 
and  for  this  service  they  are  generally  very  well  compensated  ; 
for  their  infants  we  procure  board  and  good  care  with  poor,  but 
kind  and  responsible,  persons,  who,  with  this  assistance,  are 
generally  able  to  live  without  calling  upon  the  city  for  contri- 
butions to  their  support. 

All  the  foundlings  of  the  city  are  brought  immediately  to  the 
Home,  and  if  found  to  be  healthy  and  otherwise  in  such  general 
good  condition  as  warrants  such  a course,  they  are  retained  in  the 
house  for  the  purpose  of  being  disposed  of  to  persons  who  are 
willing  to  adopt  and  care  for  them  as  their  own,  and  vjjJjo  are 
able  to  satisfy  the  matron  of  their  undoubted  ability  and  inten- 
tion to  do  so ; in  this  way  we  are  able  to  provide  for  all  the 
foundlings  brought  to  us  who  are  not  diseased  or  otherwise 
objectionable.  It  seems  almost  unaccountable  that  so  many  good 
homes  can  be  found  for  such  children,  and  the  fact  is  somewhat 
remarkable  that,  of  all  we  have  disposed  of  in  this  way,  but  two 
have  been  returned  to  us,  and  these  were  found  to  be  badly 
diseased,  although  it  could  not  be  discovered  at  the  time  they 
were  given  away.  All  other  foundlings  are  immediately  sent  to 
the  State  Institutions,  and,  we  have  every  reason  to  believe, 
very  few  of  them  survive.  This  is  not  surprising,  when 
it  is  considered  that  they  have  generally  been  so  neglected  or 
abused  by  their  unnatural  parents  as  to  make  it  evident  that 
their  hold  on  life  is  very  slight. 

Since  the  Home  has  been  in  operation,  now  three  years  and' 
eight  months,  we  have  had  forty-eight  deaths,  all  infants.  The 
present  able  and  efficient  matron  has  had  charge  of  the  estab- 
lishment for  the  past  fourteen  months,  during  which  period  only 
two  deaths  have  occurred  : these  were  foundlings,  in  a dying 
condition  when  brought  to  the  Home,  and  neither  sur- 
vived twenty- four  hours.  No  adult  has  ever  died  in  the  house. 


TEMPORARY  HOME. 


155 

The  Committee  feel  justified  in  the  statement  that  no  child 
has  died  in  consequence  of  any  illness  contracted  after  it  was 
brought  to  the  Home,  and  this  circumstance  is  considered 
worthy  of  note. 

The  police  are  directed  to  bring  all  lost  children  to  the  Home, 
and  the  number  of  these  annually  restored  to  their  parents  is 
not  inconsiderable. 

The  Home  is  always  prepared,  at  proper  hours,  to  furnish 
something  to  eat,  to  any  person  who  may  make  application  ; the 
average  number  of  persons  applying  for  meals  through  the  year 
is  probably  about  eight  each  day,  being  naturally  greater  during 
the  winter  than  the  summer  months. 

We  have  had  thirteen  births  in  the  house,  but,  as  far  as 
practicable,  these  cases  are  sent  to  the  State  Institutions. 

There  are  nineteen  beds  in  the  house,  and  the  largest  num- 
ber we  have  accommodated  during  any  one  night  is  twenty-four 
adults,  nine  children,  and  seven  infants. 

It  should  be  understood,  that  no  man,  not  connected  with 
the  Home,  is  allowed,  under  any  circumstances,  to  sleep  in  the 
house.  All  male  applicants  for  lodgings  are  referred  to  the 
police  stations. 

The  force  conducting  the  Home,  consists  of — 

A Matron  and  Superintendent. 

Assistant  Matron. 

Assistant  Superintendent. 

Cook. 

Laundress. 

The  general  rules  governing  the  Home,  are  : — 

No  loud  talking  or  singing,  and  no  spirituous  liquors  or  smok- 
ing allowed  in  the  house. 

All  persons  applying  for  temporary  relief  shall  wash  and  other- 
wise cleanse  themselves  under  the  direction  of  the  Assistant 
Superintendent. 

All  persons  receiving  relief  shall  assist  in  such  work  about  the 
house  as  may  be  required  by  the  Superintendent  or  Matron, 
and,  when  not  employed,  shall  remain  in  their  rooms. 


156 


TEMPORARY  HOME. 


All  females,  upon  entering  or  leaving  the  house,  shall  be  sub- 
ject to  examination  by  the  Assistant  Matron,  and  their 
bundles  or  packages  to  examination  by  the  Assistant  Su- 
perintendent. 

All  persons  receiving  relief  shall  retire  by  9 o’clock  P.  M.,  and 
no  conversation  shall  be  allowed  in  the  bedrooms  afterwards. 

No  drunken  or  disorderly  person  is  allowed  to  come  into  the 
house. 

All  violations  of  the  rules  are  to  be  reported  to  the  Superin- 
tendent. 

Nurses  are  not  allowed  in  the  kitchen  or  any  of  the  rooms  upon 
the  lower  floor,  or  to  have  any  intercourse  with  the  domestics 
employed  in  the  house,  without  permission. 

No  food  is  to  be  taken  into  the  nurseiies  without  leave  from  the 
Assistant  Matron. 

Each  nurse  shall  be  responsible  for  the  clothing  of  the  child  or 
children  under  her  care ; shall  wash  and  iron  the  same,  as 
well  as  other  articles  for  use  in  the  nursery  or  bedrooms  ; and 
it  shall  be  the  duty  of  each  to  nurse  such  children  as  may  be 
required  by  the  Assistant  Matron. 

The  children  shall  have  a bath  daily. 

The  nurses  shall  bathe  twice  in  each  week,  and  keep  themselves 
otherwise  cleanly,  to  the  satisfaction  of  the  Assistant  Matron. 

Nurses  are  allowed  to  leave  the  house  only  by  permission,  and 
always  to  be  in  the  house  by  9 P.  M.  Nine  and  a half  o’clock 
to  be  the  bedtime  for  all  the  nurses. 

The  Assistant  Matron  is  to  have  the  general  charge  of  the 
nursery  and  bedrooms,  and  of  all  matters  connected  there- 
with. 

No  fees  to  be  charged,  except  by  the  direction  of  the  Committee 
of  the  month. 


Rules  for  the  Office. 

The  Assistant  Superintendent  shall  sleep  in  the  office  at  night, 
and  attend  the  call  of  the  bell  at  all  times. 

He  shall  receive  the  applicants  and  make  such  disposition  of 


TEMPORARY  HOME. 


157 


them  as  the  case  requires,  under  the  supervision  of  the 
Superintendent. 

The  Superintendent  shall  keep  a record  of  the  number  of  appli- 
cants for  relief,  with  the  names,  as  far  as  practicable. 

lie  shall  make  particular  record  in  all  cases  of  foundlings 
brought  to,  as  well  as  of  children  born  in  the  house,  in  a 
book  provided  for  the  purpose,  giving  all  such  facts  as  may 
serve  to  identify  the  child.  A name  shall  be  given  it  at  once. 
Monthly,  a record  shall  be  made  of  all  the  children  in  the 
house,  giving  their  names,  and  also  of  all  the  family  in  the 
house  on  the  first  day  of  the  month,  including  the  nurses 
and  domestics,  as  well  as  the  number  of  persons  who  have 
received  relief ; and  a copy  of  the  same  shall  be  sent  to  the 
office  of  the  Overseers  of  the  Poor. 

When  a foundling  is  given  away  for  adoption,  careful  inquiry 
shall  be  made  by  the  Superintendent,  to  avoid  placing  them 
with  irresponsible  persons,  and  a very  particular  record  shall 
be  made  of  all  the  circumstances  connected  therewith,  as  also 
in  the  case  of  death. 

As  far  as  is  practicable,  all  entries  and  departures  which  might 
be  objectionable  to  the  neighbors  shall  be  from  the  rear  of 
the  house. 

It  shall  furthermore  be  the  duty  of  the  Assistant  Superintendent 
to  make  himself  generally  useful  in  and  out  of  the  house  in 
any  matter  pertaining  to  the  same. 

Bill  of  Fare  for  the  Inmates. 

Tea  and  Bread,  night  and  morning. 

Two  days  in  the  week  Corn  Cakes  instead  of  Bread. 

Dinners. 

Sunday,  Baked  Beans,  Bread,  Pepper,  Salt,  and  Vinegar. 

Monday,  Beef-stew,  Bread  and  Potatoes,  “ 

Tuesday,  Salt  Fish,  Bread,  and  Potatoes. 

Wednesday,  Corned  Beef,  Bread,  and  Potatoes. 

Thursday,  same  as  Monday. 

Friday,  same  as  Tuesday. 

Saturday,  same  as  Monday. 


158 


LIST  OF  OVERSEERS. 


During  the  year  ending  April  30,  1866,  there  have  been 
admitted  to  the  Home  1,517  persons,  of  which 
175  were  Americans. 

1,003  were  foreigners. 

409,  children  under  twelve  years  of  age. 

17  children  have  been  adopted  by  good  families. 
43  wet  nurses  have  procured  situations. 

177  women  have  procured  situations  as  domestics. 
2,762  single  meals  have  been  furnished. 

LIST  OF  OVERSEERS. 

The  following  is  a list  of  the  Overseers  of  the  Poor  of  Boston , from 

1691  to  1866  inclusive.  Previously  to  1691,  and  'perhaps  between 

1692  and  1698,  it  is  presumed  that  the  Selectmen  of  the  town  had  the 
care  of  the  Poor' 


Names. 

When 

first 

Years  of 

Names. 

When 

first 

Years  of 
service. 

chosen. 

service. 

chosen. 

Allen,  Jeremiah, 

1714 

1 

Ballentine,  John, 

1709 

1 

Alford,  John, 

1720 

2 

Bedgood,  Jeffrey, 

1727 

15 

Avery,  John, 

1765 

1 

Bromfield,  Edward, 

1735 

21 

Abbott,  Samuel, 

1770 

5 

Barrett,  John, 

1748 

27 

Austin,  Jonathan  L. 

1784 

18 

Bourne,  Melatiah, 

1758 

9 

Austin,  Joseph, 

1821 

1 

Bromfield,  Henry, 

1761 

4 

Adams,  Abel, 

1830 

1 

Bradford,  John, 

1768 

1 

Adams,  William, 

1838 

5 

Barrett,  Samuel, 

1776 

‘ 8 

Adams,  Paul, 

1847 

2 

Bowes,  Nicholas, 

1778 

6 

Andrews,  Henry  R. 

1850 

5 

Brewster,  Oliver, 

1796 

8 

Adams,  Simeon  P. 

1856 

4 

Bass,  Henry, 

1820 

4 

Amory,  Thomas  C. 

1864 

Badger,  Thomas, 

1822 

4 

Atkins,  Ebenezer, 

1864 

Bradlee,  David  W. 

1823 

3 

Browne,  Edmond, 

1692 

12 

Barrus,  Rufus  L. 

1826 

1 

By  field,  Nathaniel, 

1700 

2 

Bartlett,  Levi* 

1826 

4 

Bromfield,  Edward, 

1702  i 

Briggs,  Billings, 

1827 

17 

Brattle,  Thomas, 

1704 

2 

Budd,  Nathaniel, 

1833 

2 

Borland,  John, 

1704 

3 

Borrowscale,  John, 

1842 

1 

Bannister,  Thomas, 

1707 

1 

Blasland,  Thomas, 

1845 

7 

Boult,  John, 

1707 

4 

Ball,  John, 

1846 

1 

1 Names  beginning  with  the  same  letter  are  placed  together,  but  in  the  order 
of  the  year  in  which  the  respective  Overseers  were  first  chosen.  A blank 
opposite  the  year  indicates  that  the  Overseer  is  still  in  office.  Where  the 
same  name  is  repeated,  it  is  not  always  known  whether  it  indicates  a different 
person  or  not. 

2 Between  1692  and  1698  no  record  of  the  choice  of  Overseers  has  been 
found.  Possibly  those  chosen  in  1692  served  during  the  interval  also. 


LIST  OF  OVERSEERS.  159 


Barnard,  Charles  F. 

1847 

1 

Eliot,  Ephraim, 

1811 

4 

Brackett,  Richard, 

'1850 

1 

Edmands,  Thomas, 

1823 

1 

Blake,  William, 

1854 

1 

Evarts,  Jeremiah, 

1824 

1 

Brock,  Ephraim, 

1854 

3 

Edwards,  Henry, 

1833 

3 

Berry,  Daniel  C. 

1855 

6 

Eustis,  Joseph, 

1838 

7 

Brooks,  Levi  S. 

1861 

1 

Eastman,  Edmund  T. 

1853 

3 

Buckley,  Joseph, 

1864 

Edwards,  William, 

1853 

1 

Blasland,  Thomas, 

1866 

Emery,  Isaac, 

1853 

4 

Coleman,  William, 

1691 

1 

Erskine,  Bedfield, 

1862  2y 

rg.5m». 

Checkley,  Samuel, 

1692 

1 

Erving,  Edward  S. 

1864 

6mg. 

Calef,  Robert, 

1703 

1 

Frizzle,  John, 

1712 

3 

Clark,  William, 

1704 

3 

Franklin,  John, 

1751 

1 

Clark,  Francis, 

1706 

1 

Flucker,  Thomas, 

1756 

5 

Chauncey,  Charles, 

1710 

2 

Foster,  James  H. 

1823 

13 

Checkley,  Samuel, 

1714 

1 

Fitch,  Jeremiah, 

1825 

1 

Clark,  Timothy, 

1715 

16 

French,  Benjamin  V. 

1826 

1 

Colman,  John, 

1715 

1 

French,  Benjamin, 

1827 

1 

Chever,  Joshua, 

1735 

8 

Freeman,  William, 

1843 

8 

Codman,  John,  Jr. 

1787 

9 

Follett,  William  B. 

1855 

1 

Codman,  Stephen, 

1802 

2 

Flynn,  James  J. 

1861 

CO 

Clap,  Samuel, 

1804 

6 

Gooch,  James, 

1715 

14 

Coolidge,  Joseph,  Jr. 

1804 

18 

Greenough,  Samuel, 

1726 

‘ 13 

Cutler,  Pliny, 

1822 

1 

Greenwood,  Nathaniel, 

1755 

2 

Child,  Richards, 

1826 

9 

Gardner,  Joseph, 

1761 

6 

Cleveland,  Aaron  P. 

1826 

8 

Greanleaf,  William, 

1766 

10 

Chamberlin,  Ezra, 

1832 

1 

Gore,  John, 

1767 

8 

Carruth,  Nathan, 

1835 

1 

Gorham,  Stephen, 

1790 

14 

Campbell,  Isaac  T. 

1855 

2 

Goddard,  Benjamin, 

1802 

7 

Coleman,  John, 

1859 

2 

Goodwin,  Ozias, 

1804 

14 

Carr,  John, 

1860 

1 

Grant,  Moses, 

1827 

3 

Carruth,  Chester  H. 

1861 

1 

Grosvenor,  Lemuel  P. 

1833 

1 

Condon,  Samuel, 

1861 

1 

Gould,  Thomas, 

1834 

1 

Deering,  Henry, 

1698 

4 

Gill,  Perez, 

1835 

3 

Draper,  Richard, 

1698 

2 

Greene,  Moses  C. 

1848 

3 

Davis,  Benjamin, 

1701 

1 

Gore,  Thomas, 

1851 

1 

Dummer,  Jeremiah, 

1702 

2 

Gould,  Benjamin  T. 

1852 

2 

Deering,  Henry, 

1723 

9 

Grace,  Patrick  I. 

1862 

2 

Downe,  William, 

1737 

14 

Gurney,  Henry, 

1863 

1 ra. 

Dolbear,  Benjamin, 

1757 

20 

Griffin,  Martin, 

1864 

Dexter,  Samuel, 

1760 

3 

Hutchinson,  Elisha, 

1700 

2 

Dyer,  John  D. 

1822 

1 

Holyoke,  Elizur, 

1703 

3 

Dodd,  Benjamin, 

1832 

1 

Heath,  Elias, 

1704 

1 

Dana,  Francis, 

1836 

1 

Harris,  William, 

1707 

1 

Davis,  Thomas  A. 

1836 

1 

Hirst,  Grove, 

1708 

6 

Daniell,  Josiah, 

1837 

1 

Hutchinson,  William, 

1715 

5 

Davis,  Joshua, 

1837 

• 2 

Hunt,  John, 

1731 

6 

Durkee,  Silas, 

1852 

11 

Hill,  John, 

1733 

24 

Eyre,  John, 

1700 

1 

Hubbard,  Thomas, 

1734 

22 

Edes,  Edward, 

1786 

18 

Henchman,  Daniel, 

1735 

p-1 

160 

LIST 

Hunt,  Samuel, 

1739 

Ham  matt,  Benjamin, 

1763 

Hewes,  Samuel, 

1777 

Hill,  Henry, 

1787 

Hall,  Jacob, 

1816 

Howe,  Thomas, 

1823 

Henchman,  Daniel, 

1829 

Hudson,  Benjamin, 

1829 

Hartt,  Joseph, 

1836 

Haskins,  George  F. 

1837 

Harding,  Wilder, 

1839 

Hollis,  Thomas, 

1843 

Hazeltine,  Isaac  H. 

1845 

Haviland,  Thomas, 

1849 

Hill,  Thomas,  Jr. 

1852 

Hoppin,  John, 

1855 

Hall,  Seth, 

1857 

Hickey,  William, 

1858 

Hale,  George  S. 

1865 

Inches,  Henderson, 

1763 

Ingalls,  Jonathan, 

1823 

Jackson,  Jonathan, 

1727 

Jackson,  Thomas, 

1822 

Jackson,  Stephen  W. 

1824 

Jarvis,  William  P. 

1838 

Jarvis,  Charles, 

1862 

Ruling,  Samuel, 

1707 

King,  Gedney, 

1821 

Knapp,  John, 

1824 

Kern,  George  F. 

1832 

Kenney,  John, 

1861 

Lynde,  Samuel, 

1692 

Lendall,  Timothy, 

1711 

Legg,  John, 

1716 

Leverett,  John, 

1767 

Lincoln,  Heman, 

1822 

Lothrop,  Stillman, 

1823 

Lewis,  Joseph  W. 

1825 

Lewis,  Joseph, 

1824 

Lewis,  Asa, 

1827 

Loring,  James, 

1832 

Lane,  John  F.  W. 

1851 

Littlehale,  Sargent  S. 

1851 

Leavitt,  Thomas, 

1857 

Lothrop,  Loring, 

1861 

Lawrence,  William  R. 

1864 

Little,  James  L. 

1865 

Minott,  Stephen, 

1704 

Martyn,  Edward, 

1715 

OVERSEERS. 


Mason,  Jonathan, 

1760 

28 

Maekay,  William, 

1804 

19 

May,  Samuel, 

1815 

8 

Means,  James, 

1824 

1 

Merrill,  James  C. 

1828 

1 

Means,  Isaac, 

1836 

1 

Milton,  Ephraim, 

1838 

7 

Moriarty,  Joseph, 

1838 

10 

Millard,  Samuel, 

1848 

3 

Mair,  Thomas, 

1854 

1 

Morris,  Thomas  D. 

1856 

1 

McLaughlin,  John, 

1864 

6" 

Norwood,  Samuel, 

1824 

3 

Newell,  Richard  A. 

1835 

2 

Noyes,  Daniel, 

1837 

1 

Newmarch,  Samuel, 

1859 

6 

Oliver,  Nathaniel, 

1700 

1 

Oliver,  Daniel, 

1715 

17 

Oliver,  Andrew, 

1739 

19 

Osborn,  John, 

1841 

3 

Palmer,  Thomas, 

1704 

8 

Pemberton,  Benjamin, 

1708 

1 

Pitts,  James, 

1714 

1 

Prout,  Timothy, 

1720 

5 

Phillips,  John, 

1742 

21 

Phillips,  William, 

1756 

22 

Pitts,  James, 

1757 

3 

Partridge,  Samuel, 

1767 

19 

Proctor,  Edward, 

1775 

36 

Powell,  William, 

1776 

12 

Paine,  Edward, 

1776 

2 

Prentice,  Henry, 

1784 

3 

Parkman,  Samuel, 

1785* 

11 

Phillips,  William,  Jr. 

1788 

34 

Perkins,  Thomas, 

1796 

26 

Phillips,  Jonathan, 

1811 

11 

Phillips,  Edward, 

1820 

5 

Parker,  Ebenezer, 

1824 

2 

Parsons,  Edward, 

1824 

2 

Perkins,  Samuel, 

1831 

1 

Parkman,  Francis, 

1831 

1 

Palmer,  Julius  A. 

1835 

2 

Pitman,  Thamas  S. 

1835 

1 

Patten,  Thomas, 

1837 

2 

Peirce,  Jonathan, 

1855 

li 

Pratt,  John, 

1855 

6 

Parker,  Francis  E. 

1864 

Robe,  William, 

1692 

1 

Ruck,  John, 

1707 

28 

OF 

5 

4 

3 

24 

5 

2 

25 

1 

6 

1 

2 

2 

2 

8 

3 

1 

2 

1 

4 

8 

7 

2 

1 

1 

2h 

3 

1 

2 

2 

2i 

9 

3 

8 

9 

1 

1 

2 

29 

2 

1 

2 

1 

2 

1 h 

2 

2 


TREASURERS  OF  OVERSEERS. 

161 

Rogers,  George, 

1743 

5 

Tilden,  Calvin, 

1831 

i 

Richards,  Joseph, 

1809 

11 

Tileston,  Otis, 

1837 

i 

Richardson,  Jacob, 

1834 

1 

Tarbell,  Thomas, 

1839 

12 

Russell,  John  B. 

1836 

1 

Trafton,  Israel  S. 

1855 

9 h 

Riley,  Patrick, 

1856 

1 

Todd,  Jacob, 

1857 

1 

Robbins,  Oliver  R. 

1859 

5 

Walker,  Benjamin, 

169; 

4 

Richards,  Joel, 

1864 

Williams,  Nathaniel, 

1691 

1 

Stoddard,  Simeon, 

1690 

1 

Walker,  Thomas, 

1701 

1 

Sewell,  Samuel, 

1701 

3 

Welstead,  William, 

1705 

8 

Savage,  Ephraim, 

1702 

3 

Winslow,  Edward, 

1712 

2 

Stoddard,  Simeon, 

1703 

4 

Waldo,  Jonathan, 

1722 

4 

Si.vage,  Habijah, 

1709 

5 

Williams,  Jonathan, 

1724 

3 

Smith,  Thomas, 

1714 

6 

Wendall,  Jacob, 

1729 

29 

Storer,  Ebenezer, 

1744 

17 

White,  Isaac, 

1739 

4 

Sherburne,  Joseph, 

1751 

5 

Walker,  Isaac, 

1743 

19 

Smith,  Isaac, 

1757 

22 

Whitwell,  William, 

1762 

14 

Storer,  Ebenezer, 

1763 

4 

Waldo,  Joseph, 

1767 

4 

Sweetser,  John, 

1776 

26 

White,  William, 

1767 

8 

Smith,  William, 

1788 

28 

Williams,  Jonathan, 

1767 

1 

Snelling,  Samuel, 

1802 

20 

Whitwell,  Samuel, 

1769 

21 

Snow,  Gideon, 

1822 

1 

Waldo,  Daniel, 

1771 

5 

Slack,  Ruggles, 

1825 

2 

White,  John, 

1775 

21 

Simonds,  Artemas, 

1829 

4 

Webb,  Joseph, 

1780 

6 

Smith,  Benjamin, 

1831 

3 

Webster,  Redford, 

1796 

28 

Sanger,  Samuel, 

1832 

3 

Welles,  Arnold,  Jr. 

1796 

6 

Simonds,  Alvan, 

.1832 

4 

Walley,  Samuel  H. 

1818 

2 

Seaton,  Ambrose, 

1834 

5 

Wild,  Daniel, 

1822 

2 

Stevens,  Ebenezer, 

1836 

1 

Woodcock,  Joseph, 

1826 

4 

Stearns,  Elijah, 

1847 

4 

Wheeler,  Moses, 

1827 

5 

Stinson,  Samuel, 

1852 

4 

Wells,  Charles, 

1828 

1 

Spooner,  William  B. 

1864 

Willis,  Clement, 

1838 

1 

Thrasher,”  Francis, 

1703 

1 

Warren,  John  W. 

1839 

27 

Thacher,  Oxenbridge. 

, 1726 

1 

Wheeler,  Joel, 

1840 

2 

Tyler,  William, 

1733 

18 

Willett,  William, 

1843 

7 

Tudor,  John, 

1751 

9 

Whiting,  Calvin, 

1851 

5 

Tyler,  Royal, 

1755 

17 

Wood,  Alexander, 

1851 

3 

Tyler,  Thomas, 

1767 

4 

White,  John, 

1854 

8 

Tilden,  Bryant  P. 

1810 

6 

Wentworth,  Jacob  C. 

1859 

2 

Tuckerman,  Edward, 

Jr.  1816 

4 

White,  John  H. 

1859 

2 

Trull,  Ezra, 

1826 

1 

Wyman,  Abraham  G. 

Jr.  1862* 

2 

Tuckerman,  Joseph, 

1830 

1 

Winthrop,  Robert  C. 

1864 

A List  of  the  Treasurers  of  the  Overseers  of  the  Poor  of  Boston , 
from  1760  to  1866,  inclusive. 

John  Phillips,  chosen  .....  1760 

John  Barrett  “ . . . . 1772 

Isaac  Smith,  “ . . . . .1777 

21 


162 


STATUTES. 


Jonathan  Mason, 

chosen, 

1787 

John  Sweetser,  Jr. 

< < 

. 1795 

Thomas  Perkins, 

i i 

1799 

Edward  Phillips, 

t( 

. 1822 

James  H.  Foster, 

(t 

1825 

Joseph  Lewis, 

i < 

. 1836 

Daniel  Henchman, 

<< 

1853 

J.  W.  Warren, 

a 

. 1854 

Otis  Norcross, 

< t 

1865 

The  following  is  a 

list  in  chronological  order 

of  all  the  gen- 

eral  acts,  relating  to  Paupers  or  to  the  Overseers  of  the  Poor, 
to  be  found  in  “The  Charters  and  General  Laws  of  the 
Colony  and  Province  of  Massachusetts  Bay,”  commonly  cited 
as  Anc.  Chart.,  in  Metcalf’s  edition  of  the  General  Laws  of 
Massachusetts  to  February,  1822,  and  the  continuation  thereof 
to  the  Revised  Statutes,  or  subsequent  thereto,  in  the  published 
laws. 

To  these  many  others  on  kindred  subjects,  and  some  of  an 
early  date  from  other  sources,  have  been  added. 


STATUTES  PRIOR  TO  THE  REVISED  STATUTES. 


Statute.  Title. 

Date. 

Printed  in. 

Colony  Laws,  Acts  respecting  idle  persons, 

1633,  1668, 

Anc.  Ch.  128, 

c.  liii. 

1682. 

Colony  Laws,  Acts  relating  to  the  Poor, 

1639,  1659, 

Ib.  173, 174 

c.  lxxv. 

1674,  1675. 

175. 

Colony  Laws,  Acts  against  fornication, 

1642,  1665. 

Ib.  115-6. 

c.  xlviii. 

Colony  Laws,  Acts  respecting  Towns,  their 

1660,  1670, 

Ib.  195. 

c.  xcvi.  powers,  &c. 

1671,  1679. 

Colony  Laws,  An  Act  respecting  vagabonds, 

1662. 

Ib.  200. 

c.  xcix.* 

St.  4,W.  & M.  An  Act  for  the  punishing  of  crim- 

1692. 

Ib.  237. 

Prov.  Laws, 


inal  offenders, 


e.  xi. 

St  4,W.  & M. 
Prov.  Laws, 
c.  xv. 

St.  G,W.  &M. 
Prov.  Laws, 
c.  xxvii. 
St.ll,W.III. 


An  Act  for  regulating  of  town- 
ships, choice  of  town  officers, 
and  setting  forth  their  power. 
An  Act  for  the  relief  of  Idiots  and 
Distracted  Persons. 

An  Act  for  the  suppressing  and 


1692. 

1694. 

1699. 


Ib.  247-253 


lb.  276-7. 


Ib.  334-8. 


STATUTES 


163 


Statute. 
Prov.  Laws, 
c.  lxiii. 

Title. 

punishing  of  rogues,  vaga- 
bonds, common  beggars,  and 
other  lewd,  idle  and  disorderly 
persons ; and  also  for  setting 
the  poor  to  work. 

Date. 

Printed  in. 

St.l3,W.  III. 
Prov.  Laws, 
c.  lxxvii. 

An  Act  directing  the  admission  of 
town  inhabitants. 

1701. 

Anc.  Ch.  362-4. 

St.  7,  Anne, 
Prov.  Laws, 
c.  xcvii. 

An  Act  in  addition  to  the  Act  for 
the  relief  of  Idiots  and  Dis- 
tracted persons. 

1708. 

Ib.  387. 

St.  7,  Geo.  I. 
Prov.  Laws, 
c.  cxxxv. 

An  Act  for  explanation  of,  and 
Supplement  to  An  Act  refer- 
ring to  the  Poor,  &c. 

1720. 

Ib.  429,  430. 

St.ll,  Geo.  I. 
Prov.  Laws, 
c.  cxliii. 

An  Act  for  the  better  regulating 
the  admission  of  town  inhabit- 
ants within  the  Province  of  the 
Massachusetts  Bay. 

1724. 

Ib.  436-8. 

St.  8 & 9,  Geo. 

An  Act  for  employing  and  provid- 

1735. 

Mass.  Perpetual 

II.  c.  iii. 

ing  for  the  Poor  of  the  Town 
of  Boston. 

Laws,  277. 

St.  10,  Geo. 

II.  Prov.Laws, 
c.  cxcv. 

An  Act  in  further  addition  to  an 
Act  directing  the  admission  of 
town  inhabitants,  made  and 
passed  in  the  thirteenth  year  of 
the  reign  of  King  William  the 
Third. 

1736. 

Anc.  Ch.  508-9. 

St.  10,  Geo. 

II.  Prov.Laws, 
c.  cci. 

An  Act  in  further  addition  to  an 
Act  entitled  “ An  Act  for  the 
relief  of  Idiots  and  Distracted 
Persons.” 

1736. 

Ib.  515. 

'St.  13,  Geo. 

II.  Prov.Laws, 
c.  cciv. 

An  Act  in  explanation  of  sundry 
Acts  heretofore  made,  referring 
to  the  admission  of  town  in- 
habitants. 

1739. 

Ib.  519. 

St.  14,  Geo. 

An  Act  to  enable  the  Overseers  of 

1736. 

Ib.  525. 

II.  Prov.Laws, 
c.  ccix. 

the  Poor  and  Selectmen  to  take 
care  of  idle  and  disorderly  per- 
sons. 

1741. 

St.  17,  Geo. 

II.  Prov.Laws. 
c.  ccxxi. 

An  Act  for  erecting  of  Work- 
, houses  for  the  reception  and 
employment  of  the  idle  and  in- 
digent. 

1743. 

Ib.  546. 

St.  4,  Geo. 

III. Prov.Laws, 
c.  ccciii. 

An  Act  in  addition  to  and  ex- 
, planatory  of  the  several  Acts  of 
this  Province,  providing  for  the 
support  and  maintenance  of  the 
Poor. 

1764. 

Ib.  660. 

164 


STATUTES. 


Statute. 

Title. 

Date. 

Printed  in. 

St.  7,  Geo. 

III.  Prov.Laws 
c.cccvi. 

An  Act  in  addition  to  the  several 
, laws  already  made  relating  to 
the  removal  of  poor  persons  out 
of  the  towns  whereof  they  are 
not  inhabitants. 

1767. 

Anc.  Ch.  662. 

St.  10,  Geo. 

III.  Prov.Laws 
c.  cccxii. 

An  Act  in  addition  to  an  Act 
, made  and  passed  in  the  eleventh 
year  of  the  reign  of  King  Wil- 
liam the  Third,  entitled  “An 
Act  for  suppressing  and  punish- 
ing of  rogues,  vagabonds  and 
common  beggars,  and  other 
lewd,  idle  and  disorderly  per- 
sons, and  for  setting  the  Poor 
to  work.” 

1770. 

Ib.  669. 

St.  12,  Geo. 

III.  Prov.Laws 
c.  cccxv. 

An  Act  in  addition  to  and  explan- 
, atory  of  the  several  laws  al- 
ready made  relating  to  the  re- 
moval of  poor  persons  out  of 
the  towns  whereof  they  are  not 
inhabitants. 

1772. 

Ib.  674. 

St.  16,  Geo. 

An  Act  in  addition  to  an  Act, 

1776. 

Ib.  694. 

III.  Prov.Laws 
c.  cccxxix. 

, passed  in  the  year  sixteen  hun- 
dred ninety-four, for  the  relief  of 
Idiots  and  Distracted  Persons. 

Ind.  I.  Prov. 

Laws, 

c.  cccxxxii. 

An  Act  in  addition  to  an  Act,  en- 
titled “ An  Act  for  regulating  of 
Townships,  choice  of  town  offi- 
cers, and  setting  forth  their 
power.” 

1777. 

Ib.  698. 

St.1783,  c.38. 

An  Act  empowering  the  Judges 

March  10, 

Laws  of  Mass 

of  Probate  to  appoint  Guardians 
to  minors  and  others. 

1781. 

i.  112. 

St.l785,c.66. 

An  Act  for  the  Punishment  of 

March  15, 

Ib.  237. 

Fornication,  and  for  the  Main- 
tenance of  Bastard  Children. 

1786. 

St.1785,  c.  75. 

An  Act  for  regulating  Towns,  set- 
ting forth  their  Power,  and  for 
the  choice  of  Town  Officers,  and 
for  repealing  all  Laws  hereto- 
fore made  for  that  purpose. 

March  23, 
1786. 

Ib.  250. 

St.1787,  c.  29. 

An  Act  for  the  Relief  of  poor 
Prisoners  who  are  committed 
by  Execution  for  Debt. 

Nov.  19, 
1787. 

Ib.  315. 

St.1787,  c.  54. 

An  Act  for  suppressing  and  pun- 
ishing of  Rogues,  Vagabonds, 
common  Beggars,  and  other 

March  26, 
1788. 

Ib.  322. 

STATUTES. 


165 


Statute. 

£ 

St.1788,  c.  30. 
St.  1789,  c.  9. 

St.l789,c.  14. 

St.1790,  c.  39. 
St.l790,c.  42. 

St.l791,c.44. 
St.1792,  c.  69. 
St.1793,  c.  34. 

St.1793, c.59. 

St. 1796,  c.  23. 
St.1797,  c.62. 


Title.  Date.  Printed  in. 

idle,  disorderly,  and  lewd  per- 
sons. 

An  Act  for  erecting  Work-Houses  Jan.  10,  Laws  of  Mass, 
for  the  Reception  and  Employ-  1789.  i.  337. 

ment  of  the  Idle  and  Indigent.  # 

An  Act  in  addition  to  an  Act  June  22,  lb.  365. 
made  and  passed  in  the  year  of  1789. 
our  Lord  one  thousand  seven 
hundred  and  eighty-seven,  en- 
titled “ An  Act  for  the  Relief 
of  poor  Prisoners  who  are  com- 
mitted by  execution  for  Debt.” 


An  Act  determining  what  Trans- 
actions shall  be  necessary  to 
constitute  the  Settlement  of  a 
Citizen  in  any  particular  Town 
or  District. 

June  23, 
1789. 

Ib.  366. 

An  Act  in  addition  to  an  Act, 
&c.  (St.  1789,  c.  14.) 

March  9, 
1791. 

Ib.  386. 

An  Act  for  the  Relief  of  poor 
Prisoners  confined  in  Gaol  for 
Taxes. 

March  10, 
1791. 

Ib.  387. 

An  Act  in  addition,  &c.  (St. 
1789,  c.  14.) 

March  6, 
1792. 

Ib.  402. 

An  Act  in  addition,  &c.  (St. 
1789,  c.  14.) 

March.  22, 
1793. 

Ib. 423. 

An  Act  ascertaining  what  shall 
constitute  a legal  Settlement  of 

Feb.  11, 
1794. 

Ib.  431. 

any  Person  in  any  Town  or  Dis- 
trict within  this  Commonwealth, 
so  as  to  entitle  him  to  Support 
therein,  in  case  he  becomes 
Poor  and  stands  in  need  of  Re- 
lief ; and  for  repealing  all  Laws 
heretofore  made  respecting 
such  Settlement. 

An  Act  providing  for  the  Relief  Feb.  26,  lb.  438. 
and  Support,  Employment  and  1794. 

Removal  of  the  Poor,  and  for 
repealing  all  former  Laws  made 
for  those  purposes. 

An  Act  specially  providing  for  the  June  17,  lb.  507. 
Removal  of  poor  Persons  from  1796. 
the  District  of  Marshpee,  who 
have  no  legal  Settlement  there. 

An  Act  in  addition  to  an  Act,  Feb.  27, 
entitled  “An  Act  for  suppres-  1798. 


Ib.  557. 


166 


STATUTES. 


Statute. 

St.l798,c.  64. 

St.  Feb.  26, 
1801. 

St.l806,c.29. 

St.  1806,  c. 

102. 


St.1810,  c.94. 


St.  1811,  c. 

102. 

St.l813,c.42. 


St.  1813,  c. 
153. 

St.  1813,  c. 
171. 


St.l816,c.63. 


Title. 

sing  Rogues,  Vagabonds,  com- 
mon Beggars,  and  other  idle, 
disorderly  and  lewd  Persons.” 

An  Act  specifying  the  Evidence 
«jto  accompany  Accounts  ex- 
hibited for  the  Support  of  the 
Poor  of  the  Commonwealth. 

An  Act  to  incorporate  Samuel 
Parker,  and  others,  into  a So- 
ciety by  the  Name  of  The  Bos- 
ton Dispensary. 

An  Act  in  addition  to  an  Act,  en- 
titled, “ An  Act  describing  the 
Duty  and  Power  of  Coroners,” 
&c. 

An  Act  enlarging  the  Powers  and 
Duties  of  the  Guardians  of 
Persons  who  spend  or  waste 
their  Estates  by  excessive 
Drinking,  Idleness,  Gaming  or 
Debauchery. 

An  Act  to  incorporate  certain  per- 
sons by  the  name  of  The  Mas- 
sachusetts General  Hospital. 


An  Act  defining  the  duties  of 
Sheriffs,  Coroners  and  Con- 
stables, in  certain  cases. 

An  Act  in  addition  to  an  Act,  en- 
titled, “ An  Act,”  &c.  (St. 
1810,  c.  94.) 

An  Act  to  incorporate  The  Boston 
Asylum  for  Indigent  Boys. 

An  Act  in  addition  to  An  Act,  en- 
titled, “ An  Act  to  incorporate 
Oliver  Wendell  and  others, 
together  with  the  Overseers  of 
the  Poor  of  the  town  of  Boston, 
for  the  time  being,  by  the  name 
and  title  of  The  Trustees  of  John 
Boylston’s  Charitable  Dona- 
tions, for  the  benefit  and  sup- 
port of  aged  poor  persons,  and 
of  orphans  and  deserted  chil- 
dren.” 

An  Act  to  incorporate  the  Frag- 
ment Society. 


Date.  Printed  in. 

♦ . 


Feb.  26, 

L.  of  M.  i.  575. 

1799. 

Feb.  26, 

Mass. Sp’l  Laws, 

1801. 

vol.  2,  421. 

Feb.  6, 

L.  of  M,  ii.  161. 

1807. 

Feb.  28,  lb.  169. 
1807. 


Feb.  25,  lb.  269. 

1811,  (§3, 

Rep’d  by 
St.  1813, 
c.  42.) 

Feb.  13,  lb.  304. 

1812. 

June  14,  lb.  337. 

1813. 

Feb.  24,  Mass. Sp’l  Laws, 

1814.  yol.  4,  537. 
Feb.  26,  lb.  544. 

1814. 


Dec.  4,  lb.  vol.  5,150. 
1816. 


STATUTES. 


167 


Statute. 

Title. 

Date. 

St.  1817,  C. 

An  Act  concerning  Poor  Prison- 

Feb. 24, 

186. 

ers,  and  other  persons. 

1818. 

St.  1818,  c. 

An  Act  in  addition  to  the  Acts 

Feb.  19, 

112. 

concerning  the  Sale  of  Real  Es- 
tate, by  Administrators,  Ex- 
ecutors, and  Guardians. 

1819. 

St.1819,  c.  94. 

An  Act  to  relieve  Towns  from  the 
Expenses  of  supporting  persons 
imprisoned  for  Debt. 

Feb.  5, 
1820. 

St.  1819,  c. 

An  Act  to  incorporate  the  Boston 

Feb.  21, 

149. 

Society  for  the  Religious  and 
Moral  Instruction  of  the  Poor. 

1820. 

St.  1819,  c. 

An  Act  providing  for  the  Support 

Feb.  25, 

164. 

of  State  Paupers. 

1820. 

St.  1819,  c. 

An  Act  to  prevent  the  Introduc- 

Feb. 25, 

165. 

tion  of  Paupers,  from  foreign 
Ports  or  Places. 

1820. 

St.  1821.  c.9. 

An  Act  to  incorporate  the  Boston 
Fuel  Savings  Institution. 

June  15, 
1821. 

St.1821,  c.  11. 

An  Act  to  incorporate  the  Society 
for  Employing  the  Female  Poor. 

June  15, 
1821. 

St.1821,  c.  20. 

An  Act  providing  for  the  support 
of  State  Paupers. 

June  15, 
1821. 

St.1821,  c.  22. 

An  Act  in  addition  to  an  Act  to 
relieve  towns  from  the  expenses 
of  persons  imprisoned  for  debt. 

June  16, 
1821. 

St.  1821,  c.  94. 

An  Act  in  addition  to  an  Act  as- 
certaining what  shall  constitute 
a legal  Settlement  in  any  Town 
or  District  within  this  Common- 
wealth. 

Feb.  21, 
1822. 

St.  1822,c.56. 

An  Act  concerning  the  House  of 
Industry  in  the  City  of  Boston. 

Feb.  3, 
1823. 

St.  1822,0.81, 

An  Act  relating  to  State  Paupers. 

Feb.  10, 
1823. 

St.1822,  c.  82. 

An  Act  in  further  addition  to  an 
Act  (1787,  c.  54,)  for  suppress- 
ing and  punishing  of  Rogues, 
Vagabonds,  Common  Beggars, 
and  other  idle,  disorderly,  and 
lewd  Persons. 

Feb.  10, 
1823. 

St.1823,  c.  21. 

An  Act  relating  to  State  Paupers. 

June  14, 
1823. 

St.1823,  c.  25. 

An  Act  in  further  addition  to  an 
Act  entitled  “ An  Act  for  sup- 

June  14, 
1823. 

pressing  and  punishing  of 
Rouges,  Vagabonds,  Common 


Printed  in. 
L.  of  M.  ii.  453. 

Ib.  489. 


Ib.  520. 


Mass.Sp’l  Laws, 
vol.  5,  369. 

L.  of  M.  ii.  531. 

Ib.  531. 


Mass.Sp’l  Laws, 
vol.  5,  428. 

L.  of  M.  ii.558. 

Ib.  559. 

Ib.  559. 


Ib.  572. 


Mass.Sp’l  Laws, 
vol.  6,  40. 

Laws  of  Mass, 
iii.,  17. 

Ib.  17. 


Ib.  43. 
Ib.  44. 


168 


STATUTES. 


Statute. 

Title. 

v Date. 

Printed  in. 

Beggars,  and  other  idle,  disord- 
erly and  lewd  persons.”  * 

St.1823,  c.  53. 

An  Act  in  addition  to  an  Act,  en- 

Jan. 27, 

Mass.Sp’l  Laws, 

titled  “ An  Act  to  incorporate 

1824. 

vol.  6,  125. 

• 

the  Boston  Asylum  for  Indigent 
Boys.” 

St.1824,  c.  28. 

An  Act  concerning  the  regulation 

June  12. 

Ib.  211. 

of  the  House  of  Correction  in 
the  City  of  Boston,  and  con- 
cerning the  form  of  actions  com- 
menced under  the  by-laws  of 
said  city,  and  providing  for  fill- 
ing vacancies  in  the  Board  of 
Aldermen. 

1824. 

St.  1824,  c. 

An  Act  in  addition  to  an  Act,  en- 

Feb. 26, 

L.  of  M.  iii.,  92. 

128. 

titled  “ An  Act  for  suppressing 
and  punishing'of  Rogues,  Vaga- 
bonds, Common  Beggars,  and 
other  idle,  disorderly  and  lewd 
persons,  and  the  several  Acts  in 
addition  thereto.” 

1825, 

• 

St.1825,  c.  40. 

An  Act  to  incorporate  the  Trus- 

June 18, 

Ib.  107. 

tees  of  the  Poor’s  Fund  in  the 
Town  of  Charlestown. 

1825. 

St.  1825,  c. 

An  Act  in  addition  to  an  Act,  en- 

March 4, 

Ib.  139. 

173. 

titled  “ An  Act  for  the  punish- 
ment of  F ornication,  and  for  the 
maintenance  of  Bastard  Chil- 
dren. 

1826. 

St.  1825,  c. 

An  Act  concerning  Juvenile  Of- 

March 4, 

Mass.Sp’l  Laws, 

182. 

fenders,  in  the  City  of  Boston. 

1826. 

vol.  6,  464. 

St.1826,  c.  91. 

An  Act  to  incorporate  the  Massa- 

Feb. 23, 

Ib.  526. 

chusetts  Charitable  Eye  and 
Ear  Infirmary. 

1827. 

St.  1826,  c. 

An  Act  in  addition  to  the  Act  en- 

March 5, 

Ib.  540. 

111. 

titled  “ An  Act  concerning  the 
House  of  Industry  in  the  City 
of  Boston.” 

1827. 

St.  1826,  c. 

An  Act  in  further  addition  to  the 

March  10, 

L.ofM.  iii., 178. 

142. 

several  Acts  for  the  suppress- 
ing and  punishing  of  Rogues, 
Vagabonds,  Common  Beggars, 
and  other  idle,  disorderly  and 
lewd  persons. 

1827. 

St.1828,  c.  29. 

An  Act  to  incorporate  the  Wid- 

June 12, 

Mass.Sp’l  Laws, 

ows’  Society  in  Boston. 

1828. 

vol.  6,  734. 

STATUTES. 


169 


Statute. 

St.1828,  c.  98. 


St.  1828,  c. 
142. 


St.1830,  c.  57. 


St.  1830,  c. 

120. 

St.  1830,  c. 
150. 


St.  1833,  c. 
135. 

St.1834,  c.  66. 

St.  1834,  c. 
103. 


St.  1834,  c. 

150. 

St.  1834,  c. 

151. 

St.  1834,  c. 
187. 


St.1835,  c.  28. 


St.1835,  c.  84. 


St.  1835,  c. 
127. 


' Title. 

An  Act  to  incorporate  the  Infant 
School  Society  of  the  City  of 
Boston. 

An  Act  in  addition  to  “an  Act 
providing  for  the  relief,  support, 
employment  and  removal  of  the 
poor.” 

An  Act  more  effectually  to  pro- 
tect the  sepulchres  of  the  dead, 
and  to  legalize  the  study  of  an- 
atomy in  certain  cases. 

An  Act  relating  to  the  support  of 
State  Paupers. 

An  Act  in  addition  to  an  Act  en-‘ 
titled  “ An  Act  to  prevent  the 
introduction  of  Paupers  from 
foreign  Ports  or  Places.” 

An  Act  to  incorporate  the  Pro- 
prietors of  the  Boston  Farm 
School. 

An  Act  to  incorporate  the  Boston 
Children’s  Friend  Society. 

An  Act  in  addition  to  “ an  Act  pro- 
viding for  tbe  relief  and  support, 
employment  and  removal  of  the 
poor,  and  for  repealing  all  for- 
mer laws  made  for  those  pur- 
poses.” 

An  Act  concerning  the  State  Lu- 
natic Hospital. 

An  Act  for  the  regulations  of  Gaols 
and  Houses  of  Correction. 

An  Act  in  addition  to  “ an  Act 
more  effectually  to  protect  the 
sepulchres  of  the  dead,  and  to 
legalize  the  study  of  anatomy  in 
certain  cases.” 

An  Act  to  incorporate  the  Boston 
Asylum  and  Farm  School  for 
Indigent  Boys. 

An  Act  to  incorporate  the  Sa- 
maritan Asylum  for  Indigent 
Children. 

An  Act  concerning  paupers. 


Date. 

Printed  in. 

Feb.  28, 

Mass. Sp’l  Laws, 

1829. 

vol.  6,  781. 

March  4, 

L.  ofM.  iii.,  280. 

1829. 

+ 

Feb.  28, 

Ib.  333. 

1831. 

March  18, 

Ib.  362. 

1831. 

March  19, 

Ib.  381. 

1831. 

March  19,  Mass. Sp’l  Laws, 
1833-.  vol.  7,  3G2. 

March  11,  lb.  440. 

1834. 

March  25,  L.  of  M.  iii.,127. 
1834. 


March  28,  lb.  135. 
1834. 

March  28,  lb.  140. 
1834. 

April  1,  lb.  209. 
1834. 


March  5,  Mass. Sp’l  Laws, 
1835.  vol.  7,  498. 

March  27,  lb.  525. 

1835. 


22 


April  7,  L.  of  M.,  iv., 

1835,  St.  1832-36, 

p.  242. 


170 

Statute. 
St.  1835,  c. 
129. 


R.  S.c.  11. 
§ 1-5. 


R.  S.  c.  14, 
§§  9-H,  41, 
42,  87. 

R.  S.  c.  15, 


R.  S.  c.  16. 
R.  S.  c.  22, 
§§  9-12. 

R.  S.  c.  45. 
R.  S.  c.  46. 
R.  S.  c.  48. 

R.  S.  c.  49. 

R.  S.  c.  71, 
§28. 

R.  S.  c.  78. 

R.  S.  c.  79. 
R.  S.  c.  80. 

R.S  c.  97,  §§ 
48-62. 
li.  S.  c.  98. 


R.  S.  c.  140, 

§11. 

R.  S.  c.  143. 


STATUTES. 

Title.  ■*  Date. 

An  Act  in  addition  to  “ an  Act  con-  A pril  7, 
cerning  the  State  Lunatic  Hos-  1835. 
pital.” 


* 


REVISED  STATUTES. 

Of  the  Public  Buildings  and  other  Nov.  4, 
Public  Property.  1835, and 

Feb.  15, 
1836. 

Of  Counties  and  County  Officers 


Of  the  powers  and  duties  of 
towns  ; and  the  election,  quali- 
fications, and  duties  of  town 
officers. 

Of  Work-houses  in  towns. 

Regulations  concerning  the  prac- 
tice of  Physic  and  Surgery. 

Of  the  Settlement  of  Paupers. 

Of  the  Support  of  Paupers. 

Of  the  State  Lunatic  Hospital; 
and  the  care  of  lunatics. 

Of  the  Maintenance  of  Bastard 
Children. 

Of  the  sale  of  lands  for  the  pay- 
ment of  debts  by  Executors,  Ad- 
ministrators and  Guardians. 

Of  Parents  and  Children. 

Of  Guardians  and  Wards. 

Of  Masters,  Apprentices,  and 
Servants. 

Of  Judgment  and  Execution. 

Of  the  Relief  of  Poor  Prisoners 
Committed  on  Execution  for 
debt. 

Of  Coroners’  Inquests. 

Of  detention  and  imprisonment  in 
the  County  Jail,  or  the  House  of 
Correction,  and  the  government 
and  regulation  of  those  prisons. 


Printed  in. 

L.  of  M.,  iv., 
St.  1832-36,  p. 
242. 


R.  S.  p.  93. 


Ib.  160, 164,170 


lb.  174. 


Ib.  186. 
Ib.  216. 

Ib.  367. 
Ib.  369. 
Ib.  379. 

Ib.  383. 

Ib.  456. 


Ib.  487. 
Ib.  488. 
Ib.  494. 

Ib.  592. 

Ib.  595. 


Ib.  770. 
Ib.  777. 


STATUTES 


171 


STATUTES  SUBSEQUENT  TO  THE  REVISED  STATUTES. 


Statute. 

Title. 

Date. 

Printed  in. 

St.  1836,  c. 

An  Act  in  addition  to  an  Act  to 

April  13, 

Mass.Sp’l  Laws, 

220. 

incorporate  the  Boston  Chil- 
dren’s Friend  Society. 

1836. 

vol.  7,  686. 

St.  1836,  c. 

An  Act  to  provide  for  the  Confine- 

April 13, 

Sup.  to  R.  S. 

223. 

ment  of  Idiots  and  Insane  Per- 

1836. 

p.  4. 

sons. 

St.1837,  c.  23. 

An  Act  to  incorporate  the  Boston 

Feb.  23, 

Mass.Sp’l  Laws, 

Fatherless  and  Widows’  So- 
ciety. 

1837. 

vol.  7,  733. 

St.1837,  c.  54. 

An  Act  relating  to  the  Effects  of 

March  10, 

Sup.  to  R.  S. 

Deceased  Paupers. 

1837. 

16. 

St.  1837,  c. 

An  Act  in  relation  to  the  Poor  of 

April  17, 

Ib.  30. 

178. 

Unincorporated  Places. 

1837. 

St.  1837;  c. 

An  Act  providing  for  a Return  by 

April  18, 

Ib.  36. 

194. 

Overseers  of  the  Poor. 

1837. 

St.  1837,  c. 

An  Act  concerning  Rogues  and 

April  19, 

Ib.  43. 

217. 

Vagabonds. 

1837. 

St.  1837,  c. 

An  Act  concerning  Lunatics. 

April  19, 

Ib.  50. 

228. 

1837. 

St.  1837,  c. 

An  Act  relating  to  Alien  Passen- 

April 20, 

Ib.  52. 

238. 

gers. 

1837. 

St.l838,c.  16. 

An  Act  relating  to  the  Boston 

Feb.  23, 

Mass.Sp’l  Laws. 

Asylum  and  Farm  School  for 
Indigent  Boys. 

1838. 

vol.  8,  p.  9. 

St.1838,  c.  73. 

An  Act  in  addition  to  an  Act  to 

April  6, 

Sup.  to  R.  S. 

9 

provide  for  the  Confinement  of 
Idiots  and  Insane  Persens. 

1838. 

67. 

St.  1839.  c. 

An  Act  to  establish  the  Boston 

April  8, 

Ib.  128.  . 

131. 

Lunatic  Asylum. 

1839. 

St.  1839,  c. 

An  Act  concerning  Houses  of  Cor- 

April 9, 

Ib.  137. 

146. 

rection. 

1839. 

St.  1839,  c. 

An  Act  in  addition  to  an  Act  con- 

April 10, 

Ib.  138. 

149. 

cerning  Lunatics. 

1839. 

St.  1839,  c. 

An  Act  concerning  the  maintain- 

April 10, 

Ib.  140. 

156. 

ing  of  Prisoners  in  Jails  and 
Houses  of  Correction. 

1839. 

St.1840,  c.  79. 

An  Act  in  addition  to  “an  Act  to 

March  23, 

Ib.  164. 

establish  the  Boston  Lunatic 
Hospital.” 

1840. 

St.1840,  c.  96. 

An  Act  in  addition  to  “ an  Act  re- 

March 24, 

Ib.  177. 

lating  to  Alien  Passengers.” 

1840. 

172 


STATUTES, 


Statute. 

Title. 

Date. 

Printed  in. 

St.1841,  c.  37. 

An  Act  to  change  the  name  of  the 

Feb.  27, 

Mass.Sp’l  Laws, 

Boston  Society  for  the  religious 
and  moral  Instruction  of  the 
Poor. 

1841. 

vol.  8,  195. 

St.1841,  c.  77. 

An  Act  concerning  Lunatics. 

March  13, 

Sup.  to  R.  S. 

1841. 

189. 

St.  1841,  c. 

An  Act  concerning  Returns  by 

March  18, 

Ib.  198. 

116. 

Overseers  of  the  Poor. 

1841. 

St.1842,  c.  59. 

An  Act  relating  to  Poor  Convicts. 

March  3, 
1842. 

Ib.  228. 

St.  1842,  c. 

An  Act  in  addition  to  an  Act  to 

Sept.  16, 

Ib.  245. 

100. 

provide  for  the  Confinement  of 
Idiots  and  Insane  Persons. 

1842. 

St.l843,c.  22. 

An  Act  concerning  the  House  for 
the  Reformation  and  Employ- 
ment of  Juvenile  Offenders  in 
the  City  of  Boston. 

March  22, 
1843. 

Ib.  254. 

St.1843,  c.  66. 

An  Act  in  relation  to  the  Support 
of  Convicts. 

March  23, 
1843. 

Ib.  259. 

St.  1844,  c. 

An  Act  in  addition  to  an  Act  pro- 

March 16. 

Ib.  296. 

146. 

viding  for  a Return  by  the  Over- 
seers of  the  Poor. 

1844. 

St.1845,  c.  51. 

An  Act  to  incorporate  the  Sea- 

Feb. 18, 

Mass.Sp’l  Laws, 

men’s  Aid  Society. 

1845. 

vol.  8,  423. 

St. 1845,  c.  76. 

An  Act  concerning  Alien  Passen- 

Feb. 26, 

Sup.  to  R.  S. 

gers.  * 

1845. 

327. 

St.  1845,  c. 

An  Act  relating  to  Discharged 

March  22, 

Ib.  345. 

176. 

Convicts. 

1845. 

St.  1845,  c. 

An  Act  concerning  the  Study  of 

March  26, 

Ib.  362. 

242. 

Medicine. 

1845. 

• 

St.1846,  c.  78. 

An  Act  in  addition  to  an  Act  re- 
lating to  Discharged  Convicts. 

March  3, 
1846. 

Ib.  375. 

St.lS46.  c.  88. 

An  Act  relating  to  the  Support  of 
Convicts. 

March  9, 
1846. 

Ib.  376. 

St.  1846,  c. 

An  Act  concerning  the  appoint- 

April 16, 

Ib.  409. 

249. 

ment  of  Guardians  of  Spend- 
thrifts. 

1846. 

St.  1847,  c. 

An  Act  to  establish  the  State 

April  9, 

Ib.  421. 

165. 

Reform  School. 

1847. 

St.  1847,  c. 

An  Act  concerning  the  House  for 

April  21, 

Ib.  428. 

208. 

the  Reformation  and  Employ- 
f ment  of  Juvenile  Offenders  in 
the  City  of  Boston. 

1847. 

St.  1847,  c. 

An  Act  to  incorporate  the  Boston 

April  21, 

Mass.Sp’l  Laws, 

216. 

Society  for  the  Prevention  of 
Pauperism. 

1847. 

vol.  8,  794. 

STATUTES. 


173 


Statute. 

St.  1847,  C. 
263. 

St.1848,  c.  82. 

St.  1848,  c. 
103. 

St.  1848,  c. 
247. 

St.  1848,  c. 

291. 

St.  1848,  c. 
313. 

St.  1848,  c. 
320. 

St.1849,  c.  34. 

St.1849,  c.  66. 

St.  1849,  c. 
151. 

St.  1849,  c. 
162. 

St.  1849,  c. 
207. 

St.  1850,  c. 
105. 

St.  1850,  c. 
112. 

St.  1850,  c. 
118. 

St.  1850,  c. 
133* 

St.  1850,  c. 
263. 

St.  1850,  c. 

292. 

St. 1851,  c.  25. 
St.1851,  c.  42. 


Title. 

An  Act  relating  to  Public  Chari- 
ties. 

An  Act  in  addition  to  “ an  Act  re- 
lating to  Discharged  Convicts.” 

An  Act  to  incorporate  the  Society 
of  Boston  and  vicinity  for  the 
aid  of  German  Immigrants. 

An  Act  concerning  Indigent  Chil- 
dren. 

An  Act  relating  to  the  Erection 
and  Location  of  Almshouses  and 
Houses  of  Correction. 

An  Act  concerning  Alien  Passen- 
gers. 

An  Act  for  the  Removal  of  In- 
sane Persons  confined  in  Jail 
for  Debt. 

An  Act  concerning  Alien  Passen- 
gers. 

An  Act  in  relation  to  Paupers. 

An  Act  relating  to  the  Settlement 
of  certain  Pauper  Accounts. 

An  Act  to  incorporate  the  Associ- 
ation for  the  Relief  of  Aged 
Indigent  Females. 

An  Act  Relative  to  State  Lunatic 
Paupers. 

An  Act  relating  to  Alien  Passen- 
gers. 

An  Act  additional  to  an  Act  to  es- 
tablish the  State  Reform  School. 

An  Act  to  incorporate  the  Soctety 
for  the  Relief  of  Aged  and  Des- 
titute Clergymen. 

An  Act  in  addition  to  an  Act  con- 
cerning Coroners’  Inquests. 

An  Act  in  addition  to  the  Acts  for 
the  punishment  of  Drunkards. 

An  Act  requiring  Returns  from 
Superintendents  of  Alien  Pass- 
engers. 

An  Act  to  incorporate  the  Needle 
Woman’s  Friend  Society. 

An  Act  relating  to  Accounts  for 
the  Support  of  State  Paupers. 


Date. 

Printed  in. 

April  26, 

Sup.  to  R.  S. 

1847. 

439. 

March  24. 

, lb.  449. 

1848. 

April  10, 

Mass.Sp’l  Laws 

1848. 

vol.  8,  899. 

May  3, 

Sup.  to  R.  S. 

1848. 

465. 

May  9, 

Ib.  476. 

1848. 

May  10, 

Ib.  483. 

1848. 

May  10, 

Ib.  488. 

1848. 

March  16. 

, Ib.  499. 

1849. 

March  30, 

, Ib.  509. 

1849. 

April  28, 

Ib.  533. 

1849. 

April  30, 

Mass.Sp’l  Laws. 

1849. 

vol.  9,  65. 

May  2, 

Sup.  to  R.  S. 

1849. 

547. 

March  20, 

Ib.  592. 

1850. 

March  23, 

Ib.  595. 

1850. 

March  23, 

Mass.Sp’l  Laws, 

1850. 

vol.  9,  161. 

April  2, 

Sup.  to  R.  S. 

1850. 

599. 

May  1, 

Ib.  617. 

1850. 

May  3, 

Ib.  628. 

1850. 

March  31,* 

Mass.Sp’l  Laws, 

1851. 

vol.  9,  270. 

April  14, 

Sup.  to  R.  S. 

1851. 

64Pi 

174 


STATUTES 


Statute. 

Title. 

Date. 

Printed  in. 

St.  1851,  C. 

An  Act  to  appoint  a Board  of  Com- 

May 24, 

Sup.  to  R.  S. 

342. 

missioners  in  relation  to  Alien 
Passangers  and  State  Paupers. 

1851. 

778. 

St.  1851,  c. 

An  Act  relating  to  the  Punish- 

May 24, 

Ib.  782. 

346. 

ment  for  offences  mentioned  in 
the  one  hundred  and  forty-third 
chapter  of  the  Revised  Statutes. 

1851. 

St.  1852,  c.  2. 

An  Act  concerning  the  Boston 

Jan.  30, 

Mass.Sp’l  Laws, 

Dispensary. 

1852. 

yol.  9,  417. 

St.  1852,  c.  3. 

An  Act  to  incorporate  the  South 

Feb.  6, 

Ib. 

Boston  Samaritan  Society. 

1852. 

St. 1852,  c.  22. 

An  Act  to  incorporate  the  Young 

Feb.  25, 

Ib.  vol.  9,  425. 

Men’s  Benevolent  Society. 

1852. 

St.  1852,  c. 

An  Act  relating  to  Discharged 

May  13, 

Sup.  to  R.  S. 

213. 

Convicts. 

1852. 

804. 

St.  1852,  c. 

An  Act. to  incorporate  the  “ Sail- 

May 20, 

Mass.Sp’l  Laws, 

271. 

or’s  Snug  Harbor,  of  Boston.” 

1852. 

vol.  9,  545. 

St.  1852,  c. 

An  Act  in  relation  to  Paupers 

May  20, 

Sup.  to  II.  S. 

275. 

having  no  Settlement  in  this 
Commonwealth. 

1852. 

856. 

St.  1852,  c. 

An  Act  concerning  Alien  Passen- 

May 20, 

Ib.  860. 

279. 

gers. 

1852. 

St.  1853,  c. 

An  Act  concerning  the  State  Lu- 

May 11, 

Ib.  970. 

318. 

natic  Hospital  at  Taunton. 

1853. 

St.  1853,  c. 

An  Act  concerning  the  State  Pau- 

May 21, 

Ib.  977. 

352. 

per  Establishments  within  this 
Commonwealth. 

1853. 

St.  1853,  c. 

An  Act  concerning  the  Transit  of 

May  23, 

Ib.  980. 

360. 

Alien  Passengers. 

1853. 

St.  1853,  c. 

An  Act  in  relation  to  Pauper 

May  25, 

Ib.  985. 

388. 

Convicts. 

1853. 

St.1854,  c.  71. 

An  Act  in  addition  to  the  Acts  in- 

March 9, 

Mass.Sp’l  Laws, 

corporating  the  Boston  Asylum 
and  Farm  School  for  Indigent 
Boys. 

1854. 

vol.  10,  32. 

St.1854,  c.  95. 

An  Act  in  addition  to  an  Act  en- 

March 16, 

Sup.  to  R.  S.  ii., 

titled  “ An  Act  in  addition  to  an 
Act  to  provide  for  the  Confine- 
ment of  Idiots  and  Insane  Per- 

1854. 

16.  < 

sons.” 

St.  1854,  c. 

An  Act  in  addition  to  an  Act 

March  28, 

Ib.  22. 

189. 

concerning  the  State  Pauper 
Establishments  within  this  Com- 
monwealth. 

1854. 

April 

St.  1854,  c. 

An  Act  in  addition  to  an  Act  con- 

Ib. 24. 

219. 

cerning  the  Transit  of  Alien 
Passengers. 

1S54. 

STATUTES. 

175 

Statute. 

Title. 

Date. 

Printed  in. 

St.  1854,  c. 

An  Act  in  relation  to  the  Hospital 

April  12, 

Sup.  to  R.  S. 

262. 

on  Rainsford  Island  for  State 
Paupers. 

1854. 

ii.,  34. 

St.  1854,  c. 

An  Act  concerning  the  State  Pau- 

April 24, 

Ib.  59. 

355. 

per  Establishments  within  this 
Commonwealth. 

1854. 

St.  1854,  c. 

An  Act  to  incorporate  the  Boston 

April  24, 

Mass. Sp’l  Laws, 

362. 

Provident  Association. 

1854. 

vol.  10,  200. 

St.  1854,  c. 

An  Act  in  relation  to  Female  Con- 

April 29, 

Sup.  to  R.  S. 

416. 

victs. 

1854. 

ii.,  73. 

St.  1854.  c. 

An  Act  concerning  Lunatic  State 

April  29, 

Ib.  80. 

437. 

Paupers,  and  admission  to  the 
State  Pauper  Establishments. 

1854. 

St.  1855,  c. 

An  Act  relative  to  State  Paupers. 

April  7, 

Ib.  133. 

151. 

1855. 

St.  1855,  c. 

An  Act  in  addition  to  the  Acts  re- 

April 10, 

Ib.  139. 

172. 

lating  to  State  Almshouses  and 
the  Support  of  Paupers. 

1855. 

St.  1855,  c. 

An  Act  concerning  Trustees  of 

May  4, 

Ib.  187. 

302. 

Charitable  Funds  Given  or  Be- 
queathed to  Cities  and  Towns. 

1855. 

St.  1855,  c. 

An  Act  concerning  the  Study  of 

May  10, 

Ib.  198. 

323. 

Anatomy. 

1855. 

St.  1855,  c. 

An  Act  relating  to  the  Registra- 

May 17, 

Ib.  203. 

366. 

tion  of  Births,  Marriages  and 
Deaths  in  the  State  •Alms- 
houses. 

1855. 

St.  1855.  c. 

An  Act  providing  for  the  Classifi- 

May 19, 

Ib.  216. 

412. 

cation  of  State  Paupers. 

1855. 

St.  1855,  c. 

An  Act  to  secure  General  Vaccin- 

May  19, 

lb.  218. 

414. 

nation. 

1855. 

St.  1855,  c. 

An  Act  to  establish  a State  Reform 

May  21, 

Ib.  230. 

442. 

School  for  Girls. 

1855. 

St.  1855,  c. 

An  Act  relative  to  State  Paupers. 

May  21, 

Ib.  248. 

445. 

1855. 

St.  1855,  c. 

An  Act  providing  for  the  Main- 

May 21, 

Ib.  258. 

458. 

tenance  of  Wives  whose  Hus- 
bands are  under  Guardianship 
for  Idiocy  or  Insanity. 

1855. 

St.  1855,  c. 

An  Act  iu  addition  to  an  Act  to 

May  21, 

Ib.  277. 

486. 

Appoint  a Board  of  Commis- 
sioners in  relation  to  Alien  Pas- 
sengers and  State  Paupers. 

1855. 

St.1856,  c.  60. 

An  Act  to  change 'the  name  of  the 

March  21, 

Ib.  294. 

State  Reform  School  for  Girls. 

1856. 

St.  1856,  c. 

An  Act  relating  to  Lunatics  and 

April  14, 

Ib.  300. 

108. 

Idiots. 

1856. 

176 


STATUTES. 


Statute. 

Title. 

Date. 

Printed  in. 

St.  1856,  C. 

An  Act  relating  to  the  Support  of 

May  3, 

Sup.  to  R. 

150. 

certain  Inmates  of  the  State 
Reform  School  for  Boys,  and 
the  State  Industrial  School  for 
Girls. 

1856. 

ii.,  307. 

St.  1856,  c. 
171. 

An  Act  concerning  State  Paupers. 

May  17, 
1856. 

Ib.  313. 

St.  1856,  c. 
186. 

An  Act  concerning  Idle  and  Dis- 
orderly Persons. 

May  24, 
1856. 

Ib.  320. 

St.  1856,  c. 
247. 

An  Act  Establishing  Boards  of 
Trustees  for  the  State  Lunatic 
Hospitals,  and  in  addition  to  the 
Acts  concerning  Lunatic  Hos- 
pitals. 

June  3, 
1856. 

Ib.  328. 

St.  1856,  c. 
294. 

An  Act  relating  to  the  Board  of 
Commissioners  on  Alien  Pass- 
engers and  State  Paupers. 

June  6, 
1856. 

Ib.  366. 

St. 1857,  c.35. 

An  Act  to  establish  a Board  of 
Directors  of  the  Public  Institu- 
tions for  the  City  of  Boston  and 
for  the  County  of  Suffolk. 

March  28, 
1857. 

Ib.  375. 

St.  1857,  c. 
129. 

An  Act  to  Repeal  Section  Second 
of  the  One  Hundred  Seventy 
First  Chapter  of  the  Acts  of 
Eighteen  Hundred  Fifty-six, 
(Expenses  of  State  Paupers). 

May  8, 
1857. 

Ib.  398. 

St.  1857,  c. 
153. 

An  Act  to  authorize  the  Overseers 
of  the  Poor  to  Remove  Desti- 
tute and  Neglected  Children  to 
Almshouses. 

May  14, 
1857. 

Ib.  409. 

St.  1857,  c. 
209. 

An  Act  relating  to  Persons  Com- 
mitted to  the  State  Lunatic 
Hospitals,  not  having  a known 
Settlement  in  this  Common- 
wealth. 

May  23, 
1857. 

Ib.  420. 

St.  1857,  c. 
302. 

An  Act  concerning  Insane  Per- 
sons in  the  City  of  Boston. 

May  30, 
1857. 

Ib.  466. 

St.1858,  c.26. 

An  Act  relating  to  the  Estates  of 
Deceased  Paupers. 

Feb.  19, 
1858. 

Ib.  498. 

St.1858,  c.57. 

An  Act  concerning  the  care  of 
Infant  Children  of  Female 
Convicts. 

March  18, 
1858. 

Ib.  509. 

St.1858,  c.64. 

An  Act  concerning  the  Commit- 
ment of  Lunatics  to  Hospitals. 

March  19, 
1858. 

Ib.  511. 

St.  1858,  c. 
110. 

An  Act  concerning  the  State  In- 
dustrial School  for  Girls. 

March  26, 
1858. 

Ib.  533. 

STATUTES. 


177 


Statute. 
St.  1858,  C. 
112. 

St.  1858,  c. 
113. 

St.  1858.  c. 
132. 

St.%558,  c. 
161. 


St.  1858,  c. 
168. 

St,1859,  c.34. 
St  1859,  c.  38. 


St.1859,  c.  55. 


St. 1859,  c.  61. 


St.  1859,  c. 
107.  . 

St.  1859,  c. 
139. 

St.  1859,  c. 
170. 

St.  1859,  c. 
* 177. 

St.  1859,  c. 
214. 

St.  1859,  c. 
239. 

St.  1859,  c. 
255. 


Title. 

Date. 

Printed  in. 

An  Act  concerning  the  removal  of 

March  27, 

Sup.  to  R.  S., 

Prisoners  in  the  Public  Institu- 

1858. 

ii.  533. 

tions  in  the  City  of  Boston. 

An  Act  authorizing  the  City  of 

March  27, 

lb.  534. 

Boston  to  Establish  a City  Hos- 

1858. 

pital. 

An  Act  defining  the  Salary  of  the 

March  27, 

Ib.  541. 

Superintendent  of  Alien  Pas- 

1858. 

sengers. 

An  Act  in  addition  to  an  Act  re- 

March 27, 

, Ib.  562. 

lating  to  Persons  Committed  to 

1858. 

the  State  Lunatic  Hospitals,  not 
having  a known  Settlement  in 
this  Commonwealth. 

An  Act  in  relation  to  the  State 

March  27, 

, Ib.  569. 

Almshouses. 

1858. 

An  Act  in  addition  to  the  Acts  re- 

Feb. 15, 

Mass.Sp’l  Law9. 

lating  to  the  Boston  Dispensary. 

1859. 

vol  10,  851. 

An  Act  making  Appropriations 

Feb.  18, 

Sup.  to  R.  S., 

for  Expenses  of  the  State  Alms- 

1859. 

ii.  582. 

houses,  and  the  Hospital  at 
Rainsford  Island. 

An  Act  making  an  Appropriation 

Feb.  19, 

Ib.  584. 

for  the  Transportation  of  State 

1859. 

Paupers. 

An  Act  in  addition  to  an  Act  to 

Feb.  26, 

Ib.  585. 

provide  for  the  Adoption  of 

1859. 

Children. 

An  Act  concerning  the  State  Lu- 

March 17, 

Ib.  599. 

natic  Hospitals. 

1859. 

An  Act  in  relation  to  returns  from 

March  31, 

Ib. 615. 

Jails  and  Houses  of  Correction. 

1859. 

An  Act  concerning  the  State  Re- 

April 5, 

Ib.  628. 

form  School  for  Boys. 

1859. 

An  Act  concerning  the  Public 

April  5, 

Ib.  632. 

Charitable  and  Reformatory  In- 

1859. 

stitutions  of  the  Commonwealth. 
An  Act  in  addition  to  an  Act  to 

April  6, 

Ib.  659. 

Establish  the  State  Industrial 

1859. 

School  for  Girls. 

An  Act  relating  to  the  Bastardy 

April  6, 

Ib.  678. 

Process. 

1859. 

An  Act  concerning  State  Paupers. 

April  6, 

Ib.  687. 

1859. 

23 


178 


STATUTES, 


Statute. 

G.  S.  c.  17, 
§§  1-6,  50. 
G.  S.  c.  18. 


G.  S.  c.  22. 
G.  S.  c.  27. 

G.  S.  c.  31,  §§ 
9,  10. 

G.  S.  c.  32. 


G.S  . c.  69. 
G.  S.  c.  70. 

G.  S.  c.  71. 

G.  S.  c.  72. 

G.  S.  c.  73. 
G.  S.  c.  74. 

G.  S.  c.  75. 

G.  S.  c.  76. 

G.  S.  c.  102, 
§38. 

G.  S.  c.  109. 
G.  S.  c.  111. 

G.  S.  c.  165, 
§§  28-34,  37, 
38. 

G.  S.  c.  175, 
§17. 

G.  S.  c.  178. 
G.  S.  c.  180. 


GENERAL  STATUTES. 

Title.  Date.  Printed  in. 

Of  Counties  and  certain  County  Dec.  28,  Gen.  Statutes 

Officers.  1859.  p.  142. 

Of  the  Powers  of  Towns,  and  the  Ib.  158. 

Election,  Qualification  and  Du- 
ties of  Town  Officers. 

Of  Workhouses  and  Almshouses Ib.  170. 

Of  the  Promotion  of  Anatomical  Ib.  195# 

Science. 

Of  Donations  and  Conveyances  for  Ib.  206. 

Pious  and  Charitable  uses. 

Of  Associations  for  Religious,  Ib.  207. 

Charitable  and  Educational  pur- 
purposes. 

Of  the  Settlement  of  Paupers.  Ib.  390. 

Of  the  Support  of  Paupers  by  Ib.  392. 

Cities  and  Towns. 

Of  Alien  Passengers  and  State  Ib.  395. 

Paupers. 

Of  the  Maintenance  of  Bastard  Ib.  404. 

Children. 

Of  the  State  Lunatic  Hospitals Ib.  406. 

Of  County  Receptacles  for  Insane  Ib.  411. 

Persons. 

Of  the  State  Industrial  School  for  Ib.  413. 

Girls. 

Of  the  State  Reform  School  for  Ib.  417. 

Boys. 

Of  Sales  of  lands,  by  Executors,  Ib.  514‘. 

Administrators  and  Guardians. 

Of  Guardians  and  Wards.  Ib.  542. 

Of  Masters,  Apprentices  and  Ib.  549. 

Servants. 

Of  offences  against  Chastity,  Mor-  Ib.  820, 821. 

ality  and  Decency. 

Of  Inquests  on  Dead  Bodies.  Ib.  848,  850. 

Of  Jails  and  Houses  of  Correc Ib.  856. 

tion. 

Of  the  Transfer  of  Lunatics  and  Ib.  877. 

Discharge  of  Poor  Convicts. 


STATUTES. 


179 


STATUTES  SUBSEQUENT  TO  THE  GENERAL  STATUTES. 


Statute. 

Title. 

Date. 

Printed  in. 

St.1860,  c.  83. 

An  Act  relating  to  the  Removal 

March  17, 

Sup.  to  G.  S. 

of  State  Paupers. 

1860. 

13. 

St.1861,  c.  94. 

An  Act  relative  to  State  Paupers. 

March  27, 
1861. 

Ib.  50. 

St.  1862,  c. 

An  Act  to  Amend  the  Seventieth 

April  8, 

Ib.  118. 

112. 

Chapter  of  the  General  Statutes 
concerning  Returns  by  Over- 
seers of  the  Poor. 

1862. 

St.  1862,  c. 

An  Act  relating  to  the  Receptacle 

April  28, 

Ib.  133. 

165. 

for  the  Insane  at  Ipswich. 

1862. 

St.  1862,  c. 

An  Act  concerning  the  Indians  of 

April  30, 

A.  & R.  149. 

184. 

the  Commonwealth. 

1862. 

St.  1862,  c. 

An  Act  in  relation  to  the  Over- 

April 30, 

Ib.  175. 

204. 

seers  of  the  Poor  of  the  City  of 
Boston. 

1862. 

St.  1862,  c. 

An  Act  concerning  State  Lunatic 

April  30, 

Sup.  to  G.  S., 

223,  §§  9,  10. 

Hospitals,  and  Insane  and  Idi- 
otic Persons. 

1862. 

178. 

St.1863,  c.  79. 

An  Act  in  further  addition  to  an 
Act  in  Aid  of  the  Families  of 
Volunteers. 

March  12, 
1863. 

Ib.  192. 

St  1863,  c. 

An  Act  relating  to  Prosecutions 

April  4, 

Ib.  202. 

127. 

for  the  maintenance  of  Bastard 
Children. 

1863. 

St.  1863,  c. 

An  Act  authorizing  the  Removal 

April  17, 

Ib.  210. 

159. 

of  certain  Indians  to  the  State 
Almshouses. 

1863. 

St.  1863,  c. 

An  Act  in  Aid  of  the  Families  of 

April  23, 

lb.  215. 

176.  4 

Drafted  Men,  and  for  other 
purposes. 

1863. 

St.  1863,  c. 

An  Act  concerning  the  Industrial 

April  27, 

Ib.  218. 

184. 

School  for  Girls  at  Lancaster. 

1863. 

St.  1863.  c. 

An  Act  in  relation  to  State  Char- 

April 29, 

Ib.  229. 

240. 

itable  and  Correctional  Institu- 
tions. 

1863. 

St.  1863,  c. 

An  Act  to  provide  for  the  Pay- 

Nov. 18, 

Ib.  240. 

254. 

ment  of  Bounties  to  Volunteers 
and  for  other  purposes. 

1863. 

St.1864,  c.  47. 

An  Act  in  further  addition  to 
“ An  Act  in  aid  of  the  Families 
of  Volunteers.” 

Feb.  29, 
1864. 

Ib.  245. 

St.1864,  c.  80. 

An  Act  to  incorporate  the  Home 

March  5, 

A.  & R.  1864, 

for  Aged  Colored  Women. 

1864. 

52. 

180  STATUTES. 


Statute. 

Title. 

Date. 

Printed  in. 

St.  1864,  c. 

An  Act  concerning  the  Overseers 

April  2, 

A.  & R.  1864, 

128. 

of  the  Poor  of  the  City  of  Bos- 
ton. 

1864. 

82. 

St.  1864,  c. 

An  Act  to  amend  “ An  Act  in  re- 

April 8, 

Sup.  to  G.  S., 

138. 

lation  to  State  Charitable  and 
Correctional  Institutions.” 

1864. 

258. 

St.  1864,  c. 

An  Act  to  provide  aid  for  the  Fam- 

April 11, 

Ib.  259. 

143. 

ilies  of  Seamen  in  ^he  Naval 
Service,  and  for  other  purposes. 

1864. 

St.  1864,  c. 

An  Act  in  relation  to  Discharged 

April  22, 

Ib.  265. 

169. 

Convicts. 

1864. 

St.  1864,  c. 

An  Act  to  confirm  certain  acts  of 

May  11, 

A.  & R.  152. 

224. 

Henry  A.  Edwards  as  a Super- 
intendent of  Alien  Passengers. 

1864. 

St.  1864,  c. 

An  Act  authorizing  the  Establish- 

May 11, 

Ib.  153. 

225. 

ment  of  the  Boston  Asylum  for 
Inebriates. 

1864. 

St.  1864,  c. 

An  Act  in  relation  to  Trusts  and 

May  13, 

Sup  to  G.  S., 

239. 

Trustees. 

1864. 

330. 

St.  1864,  c. 

An  Act  relating  to  Insane  Persons 

May  14, 

Ib.  340. 

288. 

and  Lunatic  Hospitals. 

1864. 

St.  1864,  c. 

An  Act  in  relation  to  the  State 

May  14, 

Ib.  342. 

290. 

Industrial  School  for  Girls. 

1864. 

St.  1864,  c. 

An  Act  concerning  Returns  of 

May  14, 

Ib.  363. 

307. 

Sheriffs,  Keepers  of  Jails  and 
Houses  of  Correction,  and 
Overseers  of  the  Poor. 

1864. 

St. 1865,  c.  97. 

An  Act  to  incorporate  the  Boston 
Children’s  Aid  Society. 

March  24, 
1865. 

A.  & R.  497. 

St.  1865,  c. 

An  Act  Repealing  certain  Provi- 

April 27, 

Sup.  to  G.  S., 

160. 

sions  respecting  Alien  Passen- 
gers. 

1865. 

399. 

St.  1865,  c. 

An  Act  concerning  the  admission 

April  27, 

Ib.  399. 

162. 

of  Sick  Persons  to  the  State 
Almshouses. 

1865. 

St.  1865,  c. 

An  Act  concerning  Juvenile  Of- 

May 9, 

Ib.  408. 

208. 

fenders. 

1865. 

St.  1865,  c. 

An  Act  relating  to  the  Settlement 

May  13, 

Ib.  410. 

230. 

and  Relief  of  Persons  who  have 
served  in  the  Army  and  Navy  of 
the  United  States. 

1865. 

St.  1865,  c. 
232. 

An  Act  relating  to  State  Aid. 

May  13, 
1865. 

Ib,  412. 

St.  1865,  c. 

An  Act  in  addition  to  an  Act  en- 

May 16, 

Ib.  422. 

251. 

titled  “ An  Act  relating  to  State 
Aid  ” 

1865. 

STATUTES. 

181 

Statute. 

Title. 

Date. 

Printed  in. 

St.  1865,  C. 

An  Act  in  relation  to  Support  of 

May  16, 

Sup.  to  G.S., 

256. 

Girls  Committed  to  the  State 
Industrial  School. 

1865. 

424. 

St.  1865,  c. 

An  Act  amending  the  Act  concern- 

May  16, 

Ib.  427. 

268. 

ing  State  Lunatic  Hospitals  and 
Insane  and  Idiotic  Persons. 

1865. 

St.  1865,  c. 

An  Act  concerning  Masters  and 

May  16, 

Ib.  428. 

270. 

Apprentices. 

1865. 

St.1866,  c.  15. 

An  Act  to  Increase  the  Capital 

Feb,  3, 

Stock  of  the  Society  of  Boston 
and  vicinity  for  the  aid  of  Ger- 
man Immigrants. 

1866. 

St.1866,  c.  19, 

An  Act  in  addition  to  an  Act  to 

Feb.  13, 

incorporate  the  Washingtonian 
Home. 

1866. 

St.1866,  c.  75. 

An  Act  to  repeal  certain  Acts  in 

March  15, 

Ib.  442. 

relation  to  Trusts  and  Trustees. 

1866. 

St.1866,  c.  84. 

An  Act  in  addition  to  the  several 

March  19, 

Ib.  442. 

Acts  authorizing  the  Payment 
of  Bounties  to  Volunteers. 

1866. 

St.1866,  c.139. 

An  Act  in  addition  to  the  several 

April  12, 

Ib.  450. 

Acts  authorizing  the  payment  of 
Bounties  to  Volunteers. 

1866. 

St.  1866,  c. 

An  Act  to  provide  State  Aid  for 

April  23, 

Ib.  455. 

172. 

Disabled  Soldiers  and  Sailors 
and  their  Families,  and  for  the 
Families  of  the  Slain. 

1866. 

St.  1866,  c. 

An  Act  to  exempt  Disabled  Sol- 

April 30, 

Ib.  463. 

197. 

diers  and  Sailors  from  paying 
for  Pedlers’  Licenses. 

1866. 

St.  1866,  c. 

An  Act  to  Establish  a State  Work- 

April  30, 

Ib.  464. 

198. 

house. 

1866. 

St.  1866,  c. 

An  Act  to  Establish  a State  Pri- 

May 3, 

Ib.  466. 

209. 

mary  School. 

1866. 

St.  1866,  c. 

An  Act  to  Repeal  Chapter  One 

May  9, 

Ib.  508. 

224. 

Hundred  and  Sixty-five  of  the 
Acts  of  the  year  Eighteen  Hun- 
dred and  Sixty-two,  relating  to 
the  Receptacle  for  the  Insane 
at  Ipswich. 

1866. 

St.  1866,  c. 

An  Act  relative  to  State  Paupers. 

May  15, 

Ib.  509. 

234. 

1866. 

St.  1866,  c. 

An  Act  concerning  Vagrants  and 

May  15, 

Ib.  510. 

235. 

Vagabonds. 

1866. 

182 

Statute. 
St.  1866,  C. 
242. 

St.  1866,  c. 
272. 

St.  1866,  c. 
274. 

St.  1866,  c. 
280. 

St.  1866,  c. 
282. 


St.  1866,  c. 

283. 

St.  1866,  c. 

284. 

St.  1866,  c. 
288. 


St.  1866,  c. 
289. 

* • 


St.  1866,  c. 
292. 


CITY  DOCUMENTS. 

Title.  Date. 

An  Act  to  change  the  name  of  the  May  18, 
Boston  Society  for  the  Preven-  1866. 
tion  of  Pauperism. 

An  Act  in  relation  to  State  and  May  28, 
other  Paupers.  1866. 

An  Act  in  relation  to  Juvenile  May  28, 
Convicts  in  the  United  States  1866. 
Courts. 

An  Act  in  regard  to  the  Sentence  May  29, 
of  Criminals.  1866. 

An  Act  in  addition  to  “ An  Act  to  May  29, 
provide  State  Aid  for  Disabled  1866. 
Soldiers  and  Sailors  and  their 
Families,  and  for  the  Families 
of  the  Slain.” 

An  Act  concerning  the  Care  and  May  29, 
Education  of  Neglected  Chil-  1866. 
dren. 

An  Act  in  relation  to  the  Dis-  May  29, 
charge  of  Persons  confined  for  1866. 
Non-payment  of  Fine  and  Costs. 

An  Act  to  define  Chapter  Two  May  29, 
Hundred  and  Thirty  of  the  Acts  1866. 
of  the  Year  Eighteen  Hundred 
and  Sixty-five,  relative  to  the 
Laws  of  Settlement. 

An  Act  to  Repeal  Section  Eight  May  30, 
of  Chapter  One  Hundred  and  1866. 
Eighty  of  the  General  Statutes, 
concerning  the  Discharge  of 
Poor  Convicts  in  the  County  of 
Suffolk. 

An  Act  concerning  Alien  Passen-  May  30, 
gers  on  Vessels  coming  from  1866. 
without  the  United  States. 


Printed  in. 

Sup.to  G.S.> 
520. 

Ib.  521. 

Ib.  523. 

Ib.  524. 

Ib.  525. 

Ib.  526. 

Ib.  528. 

Ib.  528. 

Ib.  531. 


CITY  DOCUMENTS. 


183 


CITY  DOCUMENTS. 

The  following  is  a list  of  such  printed  City  Documents,  men- 
tioned in  the  “Index  to  the  City  Documents,  from  1834  to 
1865,”  or  published  in  the  latter  year,  as  it  is  supposed  the 
Overseers  may  desire  to  have  before  them  for  reference  upon 
such  matters  as  fall  within  their  province  : — 

List  of  City  Documents. 


Year. 

No.  of  Doc. 

Subject. 

1834. 

Doc. 

1. 

Overseers  of  the  Poor,  Account  of  Receipts  and  Ex- 
penditures. 

1835. 

66 

15. 

Almshouses.  — Report  of  Artemas  Simonds. 

1837. 

u 

6. 

Overseers  of  Poor.  — Mayor’s  communication,  speci- 
fying amount  of  funds,  investments,  appropria- 
tions, &c. 

1841. 

u 

3. 

Rainsford  Island.  — Report  on  the  connection  of  the 
City  of  Boston  with,  etc. 

1843. 

u 

11, 

Rainsford  Island.  — Report  on  expediency  of  remov- 
ing Hospital  Establishment  from. 

1847. 

u 

37. 

Rainsford  Island.  — Solicitor’s  opinion  of  the  tenure 
by  which  the  City  holds  possession  of. 

1847. 

u 

39. 

Deer  Island.  — Report  on  the  expediency  of  remov- 
ing one  or  more  of  the  Institutions  now  located 
at  South  Boston  to  Deer  Island. 

1848. 

a 

35. 

City  Solicitor.  — Opinion  of  P.  W.  Chandler  on  the 

question,  “Does  the  City  Charter  confer  upon 
the  City  Council  any  power  to  give  annuities  or 
direct  donations  in  money  from  the  City  Treas- 
ury ? ” 


1849. 

66 

19. 

Aged  and  Indigent  Females. — Petition  of  a Com- 
mittee of  the  Benevolent  Associations,  praying  for 
a site  whereon  to  erect  an  Asylum  for. 

1851. 

66 

70. 

Almshouses. — Final  Report  on  the  Erection  of  a 
new  Almshouse  at  Deer  Island. 

1852. 

66 

17. 

Almshouses.  — Report  concerning  a new  Alms- 
house at  Deer  Island. 

1852. 

66 

30. 

Paupers.  — Report  concerning  Foreign  Paupers. 

1853. 

66 

43. 

Charity  School.  — Report  of  Committee  on  the  com- 
munication of  Samuel  Eliot,  in  regard  to  the 
Charity  School  established  in  Channing  Street. 

1857. 

66 

76. 

Provident  Association.  • — Communication  from  the 
Mayor  in  relation  to  the  memorial  of. 

184 


CITY  DOCUMENTS . 


Year.  No.  of  Doc. 
1857.  Doc.  77. 

1859.  “ 27. 

1862.  “ 24. 


1863.  “ 15. 

1863.  “ 55. 

1863.  “ 103. 


1863.  “ 103. 


1864.  “ 21. 

1864.  “ 55. 

1864.  “ 70. 

1864.  “ 77. 

1864.  “ 91. 

1864.  “ 95. 

1865.  “ 15. 

1865.  “ 24. 


Subject. 

Provident  Association.  — Report  of  Committee  on 
Public  Buildings  on  the  memorial  of. 

Overseers  of  Poor.  — Report  on  so  much  of  the 
Mayor’s  Address  as  related  to. 

City  Solicitor.  — Opinion  of  J.  P.  Healy  on  the  au- 
thority to  exempt  from  taxation  the  property  left 
by  Abbott  Lawrence  to  be  invested  in  Model 
Lodging  Houses. 

Overseers  of  Poor.  — Report  on  the  Estimates  of. 

Overseers  of  Poor.  — Report  of  the  Committee  on 
the  communication  from. 

Overseers  of  the  Poor.  — Report  on  a communica- 
tion asking  an  Appropriation  for  aid  to  the  Poor 
having  no  Legal  Settlement. 

City  Solicitor.  — Opinion  of  J.  P.  Healy  on  the 
rights  of  the  Overseers  of  the  Poor  in  Boston,  in 
the  expenditure  of  money  appropriated  by  the 
City. 

Overseers  of  Poor.  — Report  of  the  Committee  on 
so  much  of  the  Mayor’s  Address  as  related  to. 

Overseers  of  Poor.  — An  Ordinance  relating  to. 

Overseers  of  Poor.  — Report  on  the  organization  of 
the  Board. 

Overseers  of  Poor.  — Quarterly  Report. 

Overseers  of  Poor. — Report  on  recommending  a 
Relief  Building. 

Overseers  of  Poor.  — Report  on  a Building  for. 

Street  Begging  — Report  of  Overseers  of  Poor  on. 

Overseers  of  the  Poor.  — Annual  Report. 


E X T R A C T S 


FROM 

THE  RECORDS  OF  THE  TOWN  OF  BOSTON, 

RELATING  TO  THE  POOR,  &c. 


The  first  entry  on  the  Records  of  the  Town  of  Boston  is 
dated  “ 1634,  month  7th,  day  1.”  The  following  extracts 
from  those  Records,  during  the  period  between  that  date  and  the 
year  1700,  furnish  some  interesting  illustrations  of  the  system 
pursued  in  early  times  in  regard  to  the  support  of  the  Poor, 
and  of  the  habits  of  our  ancestors. 

The  first  gift  mentioned  for  the  benefit  of  the  poor  is  the 
legacy  of  Mr.  William  Paddy  in  1658.  (See  p.  188.) 

Extracts. 

Item  : that,  whereas  the  wood  upon  the  neck  of  land  towards 
Roxburie  hath,  this  last  winter,  been  disorderly  cut  up  and 
wasted,  whereby  many  of  the  poor  inhabitants  are  disappointed 
of  relief  they  might  have  had  there,  in  after  and  needful  times ; 
Now  it  is  generally  agreed  that  Mr.  Treasurer,  Mr.  Belling- 
ham, Mr.  William  Hutchinson,  with  the  three  deacons,  shall 
consider  who  hath  been  faulty  therein,  and  sett  down  what 
restitution  of  wood  unto  the  poor  such  shall  make,  according  to 
their  several  proportions  allotted  by  the  major  part  of  them  six. 

Item  : that  the  poorer  sort  of  the  inhabitants,  such  as  are 
members,  or  likely  to  be,  and  have  no  cattle,  shall  have  their 
proportion  of  allotments  for  planting  ground  and  other  assigned 
24 


The  23d  of  the 
1st  month,  1635. 


The  14th  of  the 
10th  month, 
1635. 


186 


EXTRACTS  FROM  RECORDS. 


This  28th  of 
12th  mo.  1641. 


This  28th  of  1st 
mo.  1642. 


29  of  5 : 44. 


This  30th  of  7th 
mo.  1644. 


This  25  of  11th 
mo.  1646. 


25  1 mo.,  1650. 


26  11th  mo., 
1651. 


28th  6 mo.  1654. 


The  26:  12:  54. 


to  them  by  the  allotters,  and  laid  out  at  Muddy  River  by  the 
aforenamed  five  persons,  or  four  of  them  ; and  those  that  fall 
between  the  foot  of  the  hill  and  the  water  to  have  but  four 
acres  upon  a head,  and  those  that  are  farther  off  to  have  five 
acres  for  every  head.  The  plot  to  begin  next  Muddy  River 
side. 

It’s  ordered  that  the  Towne  shall  pay  ye  Towne’s  Rate,  now 
last  assessed  in  Indian  Corne,  at  3s  p bshll,  and  Rye  %t  3s  4d, 
and  wheat  at  4s  p bshll. 

It’s  ordered  y4  ye  constables-  shall  supply  the  p’sent  necessity 
of  Rbt  Wing  with  5 bushlls  of  Indian  corne,  in  consideration 
of  his  service  in  keeping  the  new  field  the  last  yeare,  wch  corne 
is  to  be  repayd  unto  the  Towne  by  ye  owners  of  Land  in  the 
sayd  feild. 

Charity  White  is  allowed  26s  for  thirteen  weekes  keeping  of 
John  Berry,  to  be  payd  by  the  constables. 

It’s  ordered  that  the  constables  shall  pay  unto  Tho.  Oliver 
Elder  of  the  Church  seaven  Pounds  for  seaven  months  attend- 
ance upon  the  cure  of  the  servant  of  Tho.  Hawkins. 

It  is  ordered  y1  Mr.  Tho.  Oliver  shall  have  nine  pounds 
for  his  curing  Rich  : Berry,  was  Tho.  Hawkins’  man. 

Brother  Beck  is  assigned  to  receave  of  the  Constables  that 
were  last  yeare,  five  pounds  foure  shillings  for  the  keeping  of 
Tho  : Rand,  as  full  satisfaction. 

Christopher  Perkins  is  to  pay  Brother  Ludkin,  from  this  day, 
for  his  child  keeping,  and  promised  to  bind  his  house  to  the 
towne  for  securitie  that  it  shall  be  no  eflfarther  chargable  to  the 
towne. 

Itt  is  ordered  yt,  upon  the  security  of  Hugh  Willms,  Mary 
Hayle  is  admitted  to  reside  with  us,  the  sayd  Willms  ingaging 
y1  she  shall  not  be  chargeable  to  the  towne. 

Upon  the  desire  of  our  sister  Baxter,  (y1  her  husband  being 
taken  at  sea  and  lost  what  he  had  in  the  yeare  1653  ; his  rate 
being  fiffteeme  shillings)  was  remitted. 

Itt  is  ordered  y*  20s  shall  be  allowed  Mrs.  Richards  for  her 
rate  in  \e  veare  54. 


30:  1:  1655. 


EXTRACTS  FROM  RECORDS. 


187 


Goodman  Wales  hath  6 s 8 abated  of  his  rate  for  this  yeare  29. 10. 56. 
in  regard  of  his  poverty. 

Itt  is  agreed  upon  ye  complaint  ag*  ye  son  of  Goodvvife  Samon  25. 11. 56. 
living  withoutt  a calling,  y1  if  shee  dispose  nott  of  him  in  some 
way  of  Employ  before  ye  next  meeting  y4  then  ye  townesmen 
will  dispose  of  him  to  some  service  according  to  law. 

It  is  ordered  that  Ensigne  Jn°  Web  shall  suply  Richard  29  of  4th,  57. 
Sanfurd  with  such  necessary  support  as  the  little  infant  Mary  child  wch  was 
Langham  or  the  nurse  thereoff  either  have  or  shall  expend,  untill  ^own’s^a^re^6 
the  Town  take  further  order. 

Christoph1,  Percust  is  to  deliver  unto  the  Townsmen  the  deeds  si  of  6th,  1657. 

1 # Christopr 

of  his  land  instead  of  that  bill  of  twenty  pound  wch  the  Town  percust. 
received  of  him,  wch  was  for  the  supply  of  his  wife,  iff  he  the  sd 
Percust  had  gone  to  Jamaica. 

Itt  is  ordered  y4  ye  Constables  shall  allow  Wm-  Ware  his  rates,  26—8—57. 
upon  consideration  of  his  long  sicknes  & low  estate. 

Itt  is  ordered  y4  twelve  shillings  sixepence  bee  pd  to  Wm  30-9—57. 
Salter  for  keeping  Christopher  Holland’s  wife  five  weekes. 

Whereas  Mr.  Sam  Cole  hath  intertained  Elizabeth  Knap  into  Elizabeth 
his  house,  contrary  to  order  of  ye  towne,  & ye  sd  Elizabeth  yett  Kuap' 
remaynes  in  this  towne  ; itt  is  ordered  yt,  in  case  ye  sd  Elizabeth 
proove  to  bee  chargeable  to  ye  towne,  such  charges  bee  required 
of  Mr.  Cole,  from  time  to  time,  as  first  receiving  her. 

Derman  Mahoone  is  fined  twenty  shillings  for  intertaining  29-10-57. 
two  Irish  women,  contrary  to  an  order  of  ye  towne  in  yt  case 
provided  ; & is  to  quitt  his  house  of  them  forth wth  att  his  perill. 

Whereas,  much  inconvenience  and  burdensome  charge  doth  25—11—57. 
arise  to  the  Town  by  sundry  persons  in  this  town,  by  hiring  out 
of  servant’s  tymes  and  redeeming  others  from  Engagements,  upon  the 
wch  persons,  either  through  Idleness  or  sickness,  become  unable 
to  help  themselves,  and  the  town  thereby  envoi ved  in  sundry 
charges,  these  are  therefore  to  give  notice  to  all  Inhabitants  and 
residents  in  this  town  that  shall  soe  act,  that  whatever  person  or 
persons  they  soe  sett  at  liberty  thgy  are  to  see  after  their  Im- 
ploym*  & to  secure  the  Town  from  any  charge  that  might 
otherwise  be  ocasioned  by  such. 


188 


EXTRACTS  FROM  RECORDS. 


29— 9— 5S. 


31—11— 165S. 


12—1—1659. 

60 


25  d 60. 


29- 


-60. 


5.  9.  60. 


Trhereas,  fifteene  pounds  were  given  by  Mr.  Wm  Paddy  as  a 
legacy  to  ye  poore  of  ye  tovvne,  itt  is  ordered  y*  ye  towne  Trea- 
surer shall  dispose  of  ye  same  according  to  order.1 * * 

Itt  is  ordered  yt  fourty  shillings  bee  given  to  ye  Widow  Fur- 
nell  by  ye  Treasurer  to  releive  her  in  low  condition. 

Resolved  upon  ye  question  whether  ye  select  men,  being  ne- 
cessitated to  give  security  to  ye  overseers,  of  Capt.  Keayne’s 
will,  for  his  legacy  of  b0£  to  ye  use  of  ye  poore,  should  be  se- 
cured by  ye  Towne  from  damage  to  their  owne  estates,  or  ye 
estates  of  their  successors  as  selectmen,  itt  was  voted  in  ye 
affirmative. 

Itt  is  ordered  yfc  ye  treasurer  shall  pay  Mr.  Snelling  fivety- 
four  shillings  for  physick  administered  to  Rob4  Higgins. 

Itt  is  ordered  ye  treasurer  shall  pay  for  old  Besses  lodging  to 
Williams. 

Itt  is  ordered  y*j  ye  Towne  Treasurer  shall  pay  three  pounds 
to  Mrs.  Cooke  for  her  services  in  curing  ye  Spanish  Captives. 

Whereas,  Mr.  Henry  Webb  bequeathed  100  £ to  ye  Towne, 
to  bee  improoved  for  ye  use  of  ye  poore,  according  to  his  will,  & 
to  bee  reserved  to  y*  end  from  time  to  time  : It  is  ordered  y*  ye 
sd  100  £ bee  improoved  by  ye  select  men  for  ye  end  aforesd  in 
some  building  fitt  for  y*  end-,  & y4,  in  case  of  Fire  hapning 


1 The  date  of  Mr.  Paddy’s  will  is  not  here  stated,  but  a remembrance  of  the 

Poor  of  Boston,  prior  to  the  date  of  this  entry,  and,  perhaps,  the  first  of  which 
there  is  any  authentic  record,  is  found  in  the  Will  of  Stephen  Winthrop,  the 
fourth  son  of  Governor  Winthrop,  dated  London,  May  3d,  1658,  and  proved 
August  19th,  of  the  same  year.  Stephen  Winthrop  had  come  over  to  New 
England  with  his  father  in  1630,  and  was  .for  several  years  a member  of  our 

Colonial  Legislature,  and  Recorder  of  the  town  of  Boston.  Returning  to  Old 
England  at  the  breaking  out  of  the  great  Civil  Wars,  he  became  Colonel  of  a 
Regiment  under  Cromwell,  and  a member  of  one  of  the  Protector’s  Parlia- 
ments. He  bequeathed,  on  the  failure  of  cerrtain  issue,  “to  the  Poore  of 
Boston,  in  New  England,  one  hundred  pounds  of  lawful  money  of  England, 
upon  condition  that  the  Inhabitants  of  Boston  aforesaid  doe  build  and  erect  a 
Tombe  or  Monument,  Tombes  or  Monuments,  for  my  deceased  Father  and 
Mother,  upon  their  grave  or  graves^af'  fifty  pounds  value  att  the  least,  whoe 
now  lyeth  buried  att  Boston  afores^ra,  according  to  the  love  and  honour  they 
bore  to  him  and  her  in  theire  lifetime.” 

There  is  no  means  of  ascertaining  whether  this  bequest  ever  took  effect. 


EXTRACTS  FROM  RECORDS. 


189 


wch  may  consume  itt,  ye  Towne  shall  reedify  ye  like  Fabrick  to 
ye  end  aforesd. 

Itt  is  ordered  y1  ye  selectmen  shall  have  power  to  make  use  of 
a peice  of  ground  in  ye  Comon  for  ye  erecting  "an  almes  house 
u;  on,  wth  suitable  accomodation,  or  to  exchange  a peice  of 
ye  Towne’s  Land  for  a place  more  convenient. 

Itt  is  ordered  yt  Mr.  Usher  & Mr.  Hull  demand  & receive  29— 2— iggi. 

Mr.  Webb’s  legacy  of  one  hundred  pounds,  & to  give  a discharge 
on  ye  Tovvne’s  behalfe. 

Itt  is  ordered  y1  ye  Treasurer  shall  allow  for  ye  keeping  of  26— 6— gi. 
Elizabeth  Habell  in  ye  time  of  her  sickness,  outt  of  ye  Towne’s 
stock. 

The  legacy  of  60  £ given  by  Capt.  Rob1  Keayne  in  his  will,  30— 10-16G1. 
wth  ye  rent  due  of  foure  pounds  p.  annum  was  this  day  de- 
maunded  of  Mr.  Ed.  Lane. 

Itt  is  ordered  that  Mr.  Fetter  Olliver  is  to  joine  with  the  deacons  31 : imo.  62. 
of  the  Church  of  Boston  in  the  receiving  of  Capt  Kean’s  legacye  onive^ordered 
of  one  hundred  and  twenty  pound  given  to  the  poore  ; And  fur- 
ther  hereby  ordered  to  receive  Mr.  Webb’s  Legacie  of  one  Webbs  Lega- 

cies  &c* 

hundred  pounds,  with  severall  other  gifts  that  are  given  for  the  order  for  the 
erecting  of  an  Allmshouse  ; being  hereby  authorized  and  impow-  AUiimshousethe 
ered  by  the  Selectmen  of  the  Town  to  agree  and  compound  with 
severall  workemen  for  stones,  timber,  <fcc.  for  the  erecting  and 
finnishing  of  the  sd  Allmshouse. 

Itt  is  ordered  that  Mr.  Henry  Shrimpton’s  legacie  of  fifty  29_8_66- 
pound  is  to  be  layed  out  in  the  purchase  of  some  land  or  house, 
as  may  bring  in  some  annuall  Rent ; In  the  meane  while  the  fifty 
pound  to  be  lett  out  to  some  able  persone  as  may  allow  consid- 
eration for  it.  The  care  hereof  is  comitted  to  the  Towne  Trea- 
surer. 

In  ordr  to  an  a^reem1  made  by  a Committee  & the  Select-  28th— sth— 1669. 
men  with  Lt  Richard  Cooke  & deacon  John  Wiswall,  ye  26th  of  olaco^wts- 
y e 2d  m°  lfi69,  about  ye  payment  of  a legacie  given  by  Cap1  wan^paymt  °f 
Rob1  Keayne  to  the  towne,  This  day  the  said  Cooke  & Wis-  Legacie. 
wall  did  assigne  & make  over  to  ye  select  men  for  the  towne’s 
use  the  one  halfe  of  the  New  House  In  Bostone,  (next  ye  old 


m 


190 


EXTRACTS  FROM  RECORDS. 


15  November, 
1675. 

Dec.  11,  1676. 


July  24,  1677. 
Fresh  pro- 
vision dis- 
tributed among 
ye  poore. 


29th  Oct.  1677. 
Pte  of  Capt 
Davis’  Legacie 
disposed  of. 

Dec.  18th,  1682. 
p.  149. 


house)  which  was  a pte  of  Mr.  Keayne’s  thirds,  & secured  to  the 
Treasurer  the  payment  of  148£  6s  8d  — one  halfe  thereof  on  ye 
28th  of  March  1670,  the  other  halfe  ye  28th  of  March  1671. 

The  same  day  the  Selectmen  assigned  over  the  sd  Cooke  & 
Wiswall’s  deed  on  assiomm*  to  Nicholas  Page  & his  heirs 
forever,  the  sd  halfe  pte  of  the  new  house,  in  consideration  of 
one  hundred  & twentie  pounds  to  be  pd  by  him  to  ye  treasurer 
for  ye  use  of  ye  towne  — Vize  fortie  pounds  March  25th  1670, 
fiftie  pounds  March  25th  1671,  & thirtie  pounds  March  25th 
1672,  all  in  mony  secured  by  gd  house,  as  apeares  by  his 
obligation. 

Ordered  yt  the  Treasurer  of  the  Towne,  Mr.  Thomas  Brattle, 
from  time  to  time,  have  care  to  relieve  the  poore  of  ye  towne 
accordinge  to  his  best  discretion. 

Countrie  Rate  2641£,  11s,  for  ye  Indian  Warr. 

A list  was  given  to  Mrs  Elizabeth  LijJget,  relict  & administra- 
trix to  ye  estate  of  Mr.  Peter  Lidget  deceased,  of  severall  poore 
people  of  this  towne  to  be  releived  of  out  of  a legacie  of  eightie 
pounds  given  to  ye  poore  of  this  towne  by  the  last  will  & test- 
aml  of  ye  sd  Mr.  Peter  Lidget. 

Reed  of  Mr.  Paul  Dudley,  to  be  distributed  amonge  those 
poore  now  residinge  in  Bostone,  come  from  other  ptes , impover- 
ished by  the  warr,  Two  Barrells  of  wheate,  one  barrell  of  mault, 
twelve  barrll  of  flowre,  fifteene  barrll  of  oatemeale,  two 
ffirkins  of  butter,  & 170  lbs  of  cheese  — wch  was  accordinglie 
distributed. 

Ordered  that  ffive  pounds  of  Capt  William  Davis’  legacie  to 
the  Towne  be  paid  to  the  Deacons  of  the  South  Church  Towards 
the  releife  of  John  Mac  Daniell’s  children. 

At  a publique  meetinge  of  the  Inhabitants  of  this  towne  upon 

lawfull  Warnin^e  to  consider  of  rebuilding  of  an  Almeshouse  & 
© © 

a Workehouse,  the  followinge  declaration  was  read  & the  pro- 
posals voted  : 

This  towne  beinge  at  exceedinge  greate  charge  annually  for 
the  releife  of  the  poore,  & yt  ariseinge,  not  onely  by  ye  necessarie 


EXTRACTS  FROM  RECORDS. 


191 


supply  of  those  y1  are  sick,  aged  & incapacitated  for  labour,  but 
alsoe  for  the  releife  of  many  persons  yt  would  work,  and  have 
not  wherewithall  to  imploy  themselves,  and  of  ljiany  more  per- 
sons & ffamilies  y1  misspend  theire  time  in  idlenesse  & tiplinge 
with  greate  neglect  of  theire  callings,  and  suffer  yr  children  shame- 
fully to  spend  their  time  in  ye  streetes ; a greate  pte  of  which 
charge  (it’s  thought)  might  be  prevented,  were  there  a conven- 
ient workhouse  erected  & stocke  provided  for  the  imploymt  of 
such  persons  at  ye  charge  of  ye  Towne,  And  Mr.  Henry  Webb 
haveinge  given  100£  towards  the  buildinge  of  a house  for  the 
releife  of  ye  poore,  with  condition  yt  sd  house  should  be  rebuilt 
in  case  it  should  be  demolished  by  fire,  or  ye  like  casualtie, 
which  sume  was  expended  in  ye  Almeshouse  which  is  burnt,  & 
the  sd  sume  now  demaunded  of  ye  Towne,  or  y1  an  edifice  for 
y1  use  be  rebuilt,  alsoe  the  Law  requiringe  ye  Selectmen  to  sett 
all  idle  P’sons  to  work,  It  is  therefore’propounded  to  the  Towne, 

1°  That  there  be  a work  house  provided  in  some  convenient 
place  in  this  towne,  with  convenience  of  Lodginge  such  P’sons 
as  shall  stand  in  need  of  Aimes,  & be  sent  thither  to  work. 

2d  That  there  be  a sum  of  mony  raised  to  defray  the  charge 
of  ye  buildinge,  & to  procure  a convenient  stocke  & utensills  to 
imploy  P’sons  y 1 may  work  there. 

3 That  a Comittee  be  chosen  to  consider  of  ye  manner  of 
the  buildinge,  for  contrivance,  & ye  place  it  shall  stand  in,  and 
what  stocke  to  lay  in  & how  improved,  & that  accordinge  to 
their  advice  & direction  the  whole  may  be  perfected  as  soon  as 
may  be. 

4.  The  three  foregoinge  proposalls  were  by  three  severall 
votes  voted  in  the  affirmative,  And  ye  Comittee  chosen  for 
y1  purpose,  Mr  Symond  Linde,  Mr.  Richard  Wharton,  Dr  Eli- 
sha Cooke,  Cap1  John  Faireweather  & Mr.  John  Laffine, 
who  by  vote  were  to  consult  with  the  select  men  in  all  matters 
of  moment  of  what  is  to  be  transacted. 

Voted  also  that  the  sume  to  be  raised  by  way  of  rate  for  the 
buildinge  & stocke  forementioned  Shall  not  exceed  a Thousand 
pounds,  without  further  advice  of  ye  Towne,  And  that  ye  fore- 


1000  lb  to  be 
raised  for  an 
Aimes  & 
Worke  house. 


192 


EXTRACTS  FROM  RECORDS. 


said  Comittee  joyne  with  the  select  men  in  makinge  a rate  for 
the  premises. 

March  9th  if,—  Voted  at  the  publique  meetinge  of  ye  inhabitants,  That 

Rate  to  be  made  whereas  the  workehouse  is  yet  unfinished  for  want  of  effects  in 

for  ye  Worke-  the  Comittees  hands,  in  regard  that  many  that  have  subscribed 

house.  ^ J 

theire  ffree  contribution  towards  it  have  not  paid,  and  others 
have  refused  to  contribute  at  all  towards  it ; It  is  ordered  that 
the  Selectmen'with  the  said  Comittee  be  impowred  to  make  a 
rate  upon  the  Estates  of  them  y*  refuse  to  contribute  at  all,  & 
put  into  the  said  rate  the  subscription  of  those  yfc  have  not 
paid,  that  soe  ye  worke  may  be  ffinished. 

May  14th,  1686.  329£  13s  rate  for  ye  Alms  house  on  warrant  of  above 

Comittee. 

On  the  constables  delaying  or  neglecting  to  collect  the  rate, 
the  president  and  council  were  pleased  to  indorse  the  warrant, 
and  answered  favorably  to  the  selectmens’  motion  to  allow 
them  to  proceed  to  have  the  same  levied. 

This  motion  of  the  selectmen  was  “ showinge  that  their 

© 

Town’s  treasury  is  soe  exhausted  that  they  stand  in  need  of  a 
present  supplie  for  the  maintenance  of  the  poore,  mendinge 
the  highwayes,  finishing  the  Almshouse,  and  other  necessary 
Towne  occasions.” 

They  show  that  according  to  former  experience  a rate  of 
600£  brings  in  about  340  or  350£. 

Aug.  14th,  1686.  By  virtue  of  Order  of  Council,  June  1686,  a Town  rate  of 
663£  11s  was  committed  to  the  constables,  with  special  direc- 
tions to  distrain  in  case  of  non-payment. 

Jan.  12th  Then  receaved  of  John  Learch  the  sume  of  Tenn  pounds  in 

1G86-  mony,  which  is  his  guift  towards  a stocke  to  be  laid  out  in  the 

workhouse,  to  imploy  the  poore  of  this  Towne  and  to  be  im- 
proved for  that  end  and  noe  other,  and  for  which  he  is  to  be 
allowedTen  shillings  p.  an.  duringe  his  naturall  life, (if  demanded 
by  him)  and  this  recorded  in  the  Towne  booke  at  the  request  of 
the  said  Learch  in  the  presence  of  Samuell  Lowell  Esqr,  Mr. 
James  Allen,  Mr.  Joshua  Moody,  Mr.  John  Faireweather,  and 
Elisha  Cooke  Esqr. 


EXTRACTS  FROM  RECORDS. 


193 


Selectmen’s  petition  presented  to  Governor  & Councill ; reb.  25th,  1686. 

Setting  forth  that  the  Towne  is  much  impoverished  “ through 
the  adversitie  of  ye  Indian  warr,  desolations  by  fire,  and  thefail- 
inge  of  trade,  soe  that  the  number  of  the  poore  is  much  in- 
creased, and,  notwithstandinge  some  former  essayes,  as  yet  noe 
effectuall  remedie  is  provided  for  rasinge  the  charge  of  the  Towne 
by  setting  them  to  worke.”  . . . Asked  for  the  appoint- 

ment of  a committee  from  the  Councill  “ unto  whome  we  may 
represent  what  we  consider  to  be  necessary  for  the  well-orderinge 
& regulatinge  of  the  affairs  of  this  populous  Towne,  respectinge  the 
poore,  idle  & disorderlie  persons,  with  what  else  we  may  pro- 
pose as  conduceable  to  the  good  and  welfare  of  the  place.” 

This  day  was  comited  to  the  eight  Constables  of  Bostone  sept.  16.  lm. 
and  Constable  of  Rumny  Marsh  by  the  selectmen,  a Towne 
rate,  made  for  the  releife  of  the  poore  and  other  occasions  of  the 
Towne,  amountinge  to  three  hundred  thirtie  ffive  pounds  foure 
shillings  three  pence,  to  be  paid  in  mony,  and  deliver’d  to 
ye  severall  selectmen  by  ye  respective  Constables  accordinge  to 
warr1. 

[As  to  the  first  choice  of  Overseers  of  the  Poor  by  the  Town  March  e 1690 
see  p.  18].  ^ 

Overseers  of  the  Poore  chosen  by  paper  votes  ; Viz., — 

J 1 1 99  169|  March  14. 

Mr.  Samuell  Lynd,  Lift ; Samuell  Checkley,  Mr.  Edmund 
Browne,  Mr.  William  Robe. 

At  a meeting  of  the  select  men,  Agreed  with  Robert 

° ° 92 

Hawkins  to  oversee  the  affaires  of  the  Aimes  House  for 15  March  — 

o 

five  pounds  mony  for  the  first  three  monthes,  to  begin  this 
day  ; 

Then  voted  that  there  should  be  a Town  rate  made  for  the 
Poor  and  defraying  of  their  necessary  charges.  Left  to  the 
Selectmen’s  Discretion. 

Voted  that  there  should  be  a Town  rate  made  for  the  releif,T  . 

March  12th, 

of  the  Poor  & Defraying  other  Town  charges,  the  sume  to  be  169I* 
left  to  the  discretion  of  the  selectmen. 

Voted  that  selectmen  take  in  the  claimes  of  those  that  have  March  9th, 
anything  due  for  the  building  of  the  Aimes  hous  and  return  it  169  5‘6, 

25 


April  21,  1693. 


194 


EXTRACTS  FROM  RECORDS. 


Decemr.  6th, 
1697. 


to  the  Next  Town  Meeting,  and  call  all  constables  to  an 
accompt  of  what  was  comitted  to  them  to  collect. 

At  a publick  Town  meeting  of  the  Inhabitants  of  Boston, 
Being  Warned  according  to  Law,  an  acct.  being  given  by  the 
Selectmen  & Treasur,  That  there  is  wanting  for  the  use  of  the 
Town  & relief  of  the  poor,  Two  Hundred  pound ; It  was 
voted  & granted  by  the  Inhabitants  then  met  that  it  should  be 
raised  forthwith. 

APPROPRIATIONS  FOR  THE  OVERSEERS  OF  THE  POOR. 

The  following  is  a list  of  the  annual  appropriations  for  the 
Overseers  of  the  Poor  since  the  organization  of  the  City  Govern- 
ment to  the  year  1865-66,  inclusive,  for  the  successive  finan- 
cial years,  commencing  in  May. 

In  1862-63,  the  expenditures  having  largely  increased,  the 
subject  was  brought  to  the  attention  of  the  City  Council.  See 
City  Docs,  of  1863,  Nos.  15,  55,  103.  And  in  1864  the 
Statute,  re-organizing  the  Board,  under  which  the  Overseers 
now  act,  was  passed  : — 


Appropriations. 


1822-23, 

$ 29,356 

41 

1823-24, 

30,868 

89 

1824-25, 

20,709 

29 

1825-26, 

10,208 

46’ 

1826-27, 

12,256 

79 

1827-28, 

11,386 

61 

1828-29, 

12,848 

18 

1829-30, 

12,803 

84 

1830-31, 

13,685 

00 

1831-32, 

14,000 

00 

1832-33, 

14,542 

89 

1833-34, 

$8,929 

86 

1834-35, 

12,606 

25 

1835-36, 

12,916 

50 

1836-37, 

9,708 

54 

1837-38, 

11,746 

75 

1838-39, 

10,257 

75 

1839-40, 

11,831 

75 

1840-41, 

12,000 

00 

1841-42, 

13,000 

00 

1842-43, 

15,000 

00 

1843-44, 

15,000 

00 

1 For  the  first  three  years  the  appropriation  included  the  amount  required 
for  the  House  of  Industry.  In  the  year  1825-26  separate  appropriations  were 
made. 


EXTRACTS  FROM  RECORDS.  195 


1844- 

-45, 

$ 15,000 

00 

1855-56, 

$45,000 

00 

1845- 

-46, 

15,700 

00 

1856-57, 

49,300 

00 

1846- 

-47, 

16,500 

00 

1857-58, 

62,800 

00 

1847- 

-48, 

21,000 

00 

1858-59, 

58,000 

00 

1848- 

-49, 

24,500 

00 

1859-60, 

60,000 

00 

1849- 

-50, 

24,500 

00 

1860-61, 

69,400 

00 

1850- 

-51, 

30,200 

00 

1861-62, 

70,200 

00 

1851- 

-52, 

28,200 

00 

1862-63, 

90,140 

88 

1852- 

-53, 

27,700 

00 

1863-64, 

39,000 

00 

1853- 

-54, 

30,000 

00 

1864-65, 

41,000 

00 

1854- 

-55, 

40,000 

00 

1865-66, 

44,500 

00' 

1 This  increase  is  mainly  in  consequence  of  recent  legislation  in  regard  to 
those  who  served  in  the  army  or  navy  during  the  late  war. 


ACTS  OF  1 866. 


st.  i8G6,  c.  272.  An  Act  to  provide  State  aid  for  Disabled  Soldiers  and  Sailors , 
and  thein  families , and  for  the  families  of  the  Slain, 


Section. 

1.  Monthly  pay  by  towns  to  certain 
soldiers  and  sailors  disabled,  &c. 

2.  To  the  widow,  children,  father  or 
mother,  of  certain  soldiers  and 
sailors  killed  or  who  died  of 
wounds,  &c. 

3.  No  aid  to  be  given  on  account  of 
wife  married  after  passage  of  this 
act,  nor  to  widow  who  marries 

# again,  nor  for  children  over  four- 
teen years  of  age,  nor  to  persons 
convicted  of  crimes,  &c.  Aid 
only  to  persons  residing  in  this 
state. 

4.  To  he  paid  directly  to  persons 
entitled ; not  subject  to  trustee 
process,  and  not  to  be  sold,  &c. 

5.  Commission  to  decide  questions 
respecting  aid. 

6.  Towns  to  report  annually  particu- 
lar account  of  aid  furnished,  &c. 
State  to  reimburse  money  to 
towns. 


Section. 

7.  Towns  to  furnish  information  to 
other  towns  on  demand,  in  certain 
cases. 

8.  Persons  receiving  aid  under  for- 
mer law,  to  have  none  under  this. 

9.  Applying  for  aid,  to  state  certain 
facts.  Blanks  to  be  furnished 
towns. 

10.  Act  to  apply  to  wife,  children, 
father  or  mother,  in  this  state,  of 
certain  soldiers  and  sailors  cap- 
tured or  missing,  butnot  of  desert- 
ers. 

11.  Towns  may  raise  money  for  pur- 
poses of  this  act.  When  aid  shall 
commence. 

12.  Residents  of  other  states  serving 
to  credit  of  this  state,  to  receive 
aid  in  certain  cases. 

13.  Act  to  be  in  force  till  July  1,  18- 
71. 

14.  When  act  takes  effect. 


Monthly  pay  by  Section  1.  The  treasurers  of  cities  and  towns  shall,  under 
towns  to  ecr-  the  (]irection  of  the  city  council,  or  selectmen  thereof,  pay 

tain  soldiers  J 7 r J 

and  sailors  monthly  the  sum  of  six  dollars,  from  and  after  the  first  day  of 

disabled,  &e.  . . ..  , _ _ _ . . J 

1866,282.  January  in  the  year  eighteen  hundred  and  sixty-six,  to  any  per- 


ACTS  OF  1866. 


197 


son  haying  a residence  in  said  city  or  town,  who  has  served  in  st.  isce,  c.  172. 
the  army  or  navy  of  the  United  States,  as  an  officer  or  as  an 
enlisted  or  drafted  man,  to  the  credit  of  the  state  of  Massa- 
chusetts, between  the  nineteenth  day  of  April  in  the  year  eigh- 
teen hundred  and  sixty-one  and  the  first  day  of  September  in 
the  year  eighteen  hundred  and  sixty-five,  and  who  is  now  resid- 
ing within  this  state,  and  who  is  wholly  or  partially  disabled  by 
reason  of  wounds  received  in  said  service,  or  by  sickness  or  dis- 
ability contracted  therein ; or  who,  being  at  tHe  time  of  his  en- 
listment and  now  an  inhabitant  of  this  state,  has  served  as 
.aforesaid  to  the  credit  of  any  other  state  between  the  said  nine- 
teenth day  of  April  and  the  eighteenth  day  of  March  in  the 
year  eighteen  hundred  and  sixty-two,  and  who  is  wholly  or 
partially  disabled  by  reason  of  wounds  received  in  said  service, 
or  by  sickness  or  disability  contracted  therein,  provided , that  said 
person  has  an  honorable  discharge  from  said  service  by  reason 
of  wounds,  or  disability,  or  expiration  of  his  term  of  service,  or 
has  been  duly  mustered  out  of  said  service,  and  does  not  receive 
aid  from  any  other  state,  or  from  any  other  town  under  the  pro- 
visions of  this  act. 

Sect.  2.  The  treasurers  of  cities  and  towns  shall  under  the  to  the  widow, 
direction  of  the  city  council,  or  selectmen  thereof,  pay  monthly,  ^ mo  thereof er 
for  a period  not  exceeding  three  years  from  and  after  the  first  certain  soldiers 

° < ^ < and  sailors 

day  of  January  in  the  year  eighteen  hundred  and  sixty-six,  to  killed,  or  who 
the  widow,  children,  father  or  mother,  being  in  necessitous  cir-  &c. 
cumstances,  (having  a residence  in  said  city  or  town,  and  now 
residing  in  this  state,)  of  any  person  upon  whom  they  wrere  de- 
pendent, who  served  in  the  army  or  navy  of  the  United  States 
as  an  officer,  or  as  an  enlisted  or  drafted  man,  to  the  credit  of 
the  state  of  Massachusetts,  between  the  nineteenth  day  of  April 
in  the  year  eighteen  hundred  and  sixty-one,  and  the  first  day  of 
September  in  the  year  eighteen  hundred  and  sixty-five,  and  was 
killed  or  has  died  by  reason  of  wounds  or  disease  incurred  in  said 
service,  or  who,  being  at  the  time  of  his  enlistment  an  inhabitant 
of  this  state,  served  as  aforesaid  to  the  credit  of  any  other  state 
between  the  said  nineteenth  day  of  April  and  the  eighteenth  day 
of  March  in  the  year  eighteen  hundred  and  sixty-two,  and  was 


198 


ACTS  OF  1866. 


st.  1866,  c,  172.  killed  or  has  died  by  reason  of  wounds  or  disease  incurred  in 
said  service,  or  to  the  wife,  father,  children  or  mother,  being  in 
necessitous  circumstances,  (living  or  having  a residence  in  said 
city  or  town,  and  now  residing  in  this  state,)  of  any  person  upon 
whom  they  were  dependent,  who  has  served  as  aforesaid,  who  is 
wholly  or  partially  disabled  by  reason  of  wounds  received  in  said 
service,  or  by  sickness  or  disability  contracted  therein,  the  sum 
of  four  dollars ; provided , that  the  whole  amount  paid  to  the 
said  relatives  of  one  officer,  soldier  or  sailor  shall  not  exceed 
eight  dollars  per  month,  and  provided  that  such  wife,  children, 
father  or  mother  do  not  receive  aid  from  any  other  state,  or  from 
any  other  town,  under  the  provisions  of  this  act. 

Sect.  3.  If  a wounded  or  disabled  officer,  soldier  or  sailor, 
receiving  aid  under  the  first  section  of  this  act,  shall  marry  after 
the  passage  of  this  act,  no  aid  shall  be  paid  on  accoifnt  of  his 
If  the  widow  of  any  officer,  soldier  or  sailor,  receiving 


No  aid  to  be 
given  on  ac- 
count of  wife 
married  after 
passage  of  this  -r 
Act,  nor  to  ™ 

widow  who  ai<j  unjer  the  second  section  of  this  act,  shall  marry  again,  the 

marries  again,  . . J ° 

nor  for  children  aid  shall  be  discontinued  to  her. 

years  of  age, U count  of  any  children  over  fourteen  years  of  age.  If  any  per- 
nor to  persons 
convicted  of 
crimes,  &c. 


No  aid  shall  be  paid  on  ac- 


son  to  whom  the  aid  is  paid  shall  be  convicted  of  any  criminal 
offence  at  common  law,  or  under  the  statute  of  this  common- 
wealth, said  aid  shall  be  discontinued  to  said  person,  unless  or 
until  the  municipal  authorities  shall,  in  their  discretion,  otlier- 
Aid  only  to  wise  determine.  Aid,  except  as  provided  in  section  twelve  of 

hig^tmT d*  this  act,  shall  be  paid  only  to  persons  having  a residence  in 
state.  some  city  or  town  in  this  commonwealth. 

To  be  paid  Sect.  4.  All  aid  furnished  under  the  provisions  of  this  act 

directly  to  per-  shap  ke  g0}ejy  for  ^he  benefit  of  the  person  for  whom  it  is  in- 

sons  entitled ; r 

not  subject  to  tended,  and  shall  be  paid  to  said  person  directly  or  upon  his  or 

trustee  process, 

and  not  to  be  her  order ; and  it  shall  not  be  subject  to  trustee  process  nor 
assigned.  And  no  transfer  of  said  aid  heretofore  made  shall  be 
recognized  in  settlement  of  the  same. 

Commission  to  Sect.  5.  The  auditor,  the  adjutant-general  and  the  surgeon- 
tions r espectin " genera^  °f  the  Commonwealth,  shall  constitute  a commission  to 
aid*  decide  upon  all  questions  which  may  arise  in  the  payment  of 

aid,  between  the  municipal  authorities  and  the  persons  claiming 
the  aid  ; and  in  all  cases  their  decision  shall  be  final. 


ACTS  OF  1866. 


199 


Sect.  6.  On  or  before  the  fifth  day  of  January  in  en eh  Towns  to  re- 
year, there  shall  be  deposited  in  the  office  of  the  auditor  of  the  Jartieuiar^J 
Commonwealth,  by  each  town  and  city  raisin"  and  applying countof 
money  as  aforesaid,  a full  and  particular  report,  setting  forth  state  to  rcim- 
the  names  of  the  officers,  soldiers  and  sailors  for  the  aid  of  towns, 
whom  and  for  the  aid  of  whose  families  money  has  been  ap-  St‘ 1866’ c*  1'~‘ 
plied  as  aforesaid,  the  name  of  the  company  and  regiment  and 
the  name  of  the  vessels  in  which  such  officers,  soldiers  and  sail- 
ors respectively  enlisted,  and  in  which  they  last  served,  and  the 
names  and  ages  of  the  several  persons  for  the  aid  of  whom 
money  has  been  applied  as  aforesaid,  the  relation  such  persons 
severally  bear  to  such  officers,  soldiers  or  sailors ; the  sums 
paid  to  each  of  such  persons,  and  the  time  when  the  same  were 
paid  ; and  such  report  shall  be  sworn  to  by  a majority  of  the 
selectmen  of  such  town,  or  by  the  mayor  and  a majority  of  the 
aldermen  of  such  city ; and  after  it  has  been  examined  and  ap- 
proved by  said  auditor,  there  shall  be  reimbursed  annually,  to 
said  city  or  town,  from  the  treasury  of  the  Commonwealth,  on 
or  before  the  first  day  of  December  in  the  year  in  which  the 
report  is  made,  the  amount  legally  paid  as  aforesaid,  in  accord- 
ance with  the  provisions  of  this  act ; but  none  of  the  expenses 
attending  the  payment  of  said  aid  shall  be  reimbursed.  The 
auditor  of  the  Commonwealth  shall,  before  the  first  day  of  Jan- 
uary in  each  year,  furnish  to  the  several  cities  and  towns  suit- 
able blanks  for  the  returns  required  by  this  section. 

Sect.  7.  When  applicants  for  aid  have  their  residence  in  aTownstofur. 
city  or  town  to  which  they  are  not  credited,  notice  of  their  ap-  njsh  informa- 

. tion  to  other 

plication  shall  be  forthwith  sent  by  such  town  to  the  place  to  towns  on  de- 
which  said  applicants  are  credited ; and  if  an  answer  to  such  Sin  case bT" 
notice^  setting  forth  all  the  facts  touching  the  application  neces- 
sary to  be  known  by  the  town  to  which  application  is  made,  is 
not  sent  by  mail  within  seven  days  from  the  receipt  of  the  same, 
the  city  or  town  in  which  such  applicants  reside  may  recover  in 
an  action  of  contract  against  the  town  or  city  so  neglecting  to 
answer,  all  such  sums  as  they  may  advance  to  such  applicants 
not  reimbursed  by  the  state. 

Sect.  8.  Persons  receiving  aid  under  chapter  two  hundred  Persons  receiv- 
ing aid  under 


200 


ACTS  OF  1866. 


former  law  to 
have  none 
under  this. 
1865,  232. 

St.  1&>6,  c.  172. 


Applying  for 
aid,  to  state 
certain  facts. 


Blanks  to  be 

furnished 

towns. 

Act  to  apply  to 
wife,  children, 
father  or 
mother,  in  this 
State,  of  cer- 
tain soldiers 
and  sailors 
captured  or 
missing,  but 
not  of  de- 
serters. 


Towns  may- 
raise  money  for 
purposes  of 


and  thirty-two  of  the  acts  of  the  year  eighteen  hundred  and 
sixty-five,  shall  not  be  entitled  to  aid  under  this  act ; but  when 
the  aid  ceases  to  be  paid  under  said  chapter  two  hundred  and 
thirty-two,  then  such  persons  entitled  under  the  provisions  of 
this  act  shall  receive  the  aid  provided  herein,  from  the  date  that 
payments  to  them  ceased  under  the  prior  act. 

Sect.  9.  Persons  applying  for  aid  under  this  act  shall  state, 
in  writing,  under  oath,  the  age  and  residence  of  the  party  for 
whom  such  aid  is  claimed  ; the  relation  of  the  claimant  to  the 
party  who  rendered  the  service  for  which  aid  is  claimed  ; the 
company  and  regiment  or  the  vessel  in  which  the  officer,  soldier 
or  sailor  enlisted,  and  that  in  which  he  last  served ; the  date  and 
place  of  such  enlistment,  when  known ; the  duration  of  such 
service ; and  the  reason  upon  which  the  claim  for  aid  is  founded. 
And  it  shall  be  the  duty  of  the  auditor  to  furnish,  from  time  to 
time,  to  each  city  and  town,  a sufficient  number  of  suitable 
blank  forms  for  the  use  of  applicants  for  aid  under  this  act. 

Sect.  10.  The  provisions  of  this  act  shall  apply  to  the 
wife,  children,  father  or  mother  (having  a residence  in  some 
city  or  town  of  this  commonwealth,  and  now  residing  therein,) 
of  any  person  who  served  in  the  army  or  navy  of  the  United 
States,  between  the  nineteenth  day  of  April  eighteen  hundred 
and  sixty-one,  and  the  first  day  of  September  eighteen  hundred 
and  sixty-five,  as  an  officer  or  enlisted  or  drafted  man,  to  the 
credit  of  the  state  of  Massachusetts,  and  who  appears  on  the 
rolls  of  his  regiment  or  company,  in  the  office  of  the  adjutant- 
general,  to  be  missing  or  to  have  been  captured  by  the  enemy, 
and  who  has  not  been  exchanged,  or  has  not  returned  from 
captivity,  or  who  is  not  known  to  be  alive  : provided , that  aid 
shall  not  be  paid  to  the  said  relatives  of  such  officer,  soldier  or 
sailor,  if  the  municipal  authorities  have  good  and  sufficient 
reasons  to  believe  that  he  deserted  from  the  service,  or  that  he 
is  still  living  and  wilfully  absent  from  his  family,  or  if  said 
relatives  receive  said  aid  from  any  other  state,  or  from  any  other 
town  under  the  provisions  of  this  act. 

Sect.  11.  Any  town  or  city  may  raise  money  by  taxation 
or  otherwise,  and,  if  necessary,  apply  the  same  for  the  purposes 


ACTS  OF  1866. 


201 


set  forth  in  this  act ; and  all  persons  entitled  to  aid  under  the  this  Act. 
provisions  of  this  act,  who  do  not  apply  for  the  same  within  commencc.8haH 
three  months  from  the  passage  hereof,  shall  not  receive  said  aid  St.  i860,  c.  172. 
prior  to  the  date  of  their  application. 

Sect.  12.  Any  person- who  has  served  in  the  army  or  navy  Residents  of 
of’  the  United  States,  as  an  officer  or  enlisted  or  drafted  man,  a^wngU)68 
to  the  credit  of  the  state  of  Massachusetts,  between  the  nine-  credit  of  this 

state,  to  receive 

teenth  of  April  in  the  year  eighteen  hundred  and  sixty-one,  and  aid  in  certain 
the  first  day  of  September  in  the  year  eighteen  hundred  and  ^e  §3. 
sixty-five,  and  who  resides  in  any  other  of  the  United  States,  • 
and  who  at  the  time  of  enlistment  had  been  a resident  of  the 
state  during  the  month  immediately  preceding  said  enlistment, 
who  is  wdiolly  or  partially  disabled  by  reason  of  wounds  received 
in  said  service,  or  by  sickness  or  disability  contracted  therein, 
may  apply  to  the  commission  provided  for  in  the  fifth  section  of 
this  act,  and  upon  furnishing  to  said  commission  satisfactory 
evidence  of  his  service  as  aforesaid  in  the  army  or  navy,  shall 
be  entitled  to  receive  the  sum  of  six  dollars  per  month  from  the 
treasury  of  the  Commonwealth  for  the  period  of  three  years 
from  the  first  day  of  January  in  the  year  eighteen  hundred  and 
sixty-six  ; provided , that  said  person  has  an  honorable  discharge 
from  said  service  by  reason  of  wounds  or  disability,  or  expira- 
tion of  his  time  of  service,  or  has  been  duly  mustered  out  of 
said  service,  and  does  not  receive  aid  from  any  other  state.  If 
any  person  entitled  to  receive  aid  under  this  section  shall  be 
convicted  of  any  criminal  offence  afc  common  law,  or  under  the 
statutes  of  this  commonwealth  or  of  any  other. state,  such  aid 
shall  be  discontinued  to  said  person,  unless  or  until  said  com- 
mission shall  in  their  discretion  otherwise  determine. 

Sect.  13.  The  operations  of  this  act  shall  cease  upon  the  Act  t0  be in 
first  day  of  January  in  the  year  eighteen  hundred  and  seventy-  force  tmjan- 
one. 

Sect.  14.  This  act  shall  take  effect  upon  its  passage,  when  Act  take 
[April  23,  1866.]  effect- 


26 


202 


ACTS  OF  1866. 


St.  1866,  c.  198. 


An  Act  to  establish  a State  Workhouse. 


Section.  ■* 

1.  State  workhouse  established  in 
part  of  Bridgewater  State  Alms- 
house. 

2.  Master  and  inspectors,  and  their 
duties. 

3.  Board  of  state  charities  to  have 
certain  duties  in  relation  to. 

* * 4.  Expenses,  receipts,  and  accounts 

of. 

5.  Removal  of  inmates  to,  from  state 
almshouses  and  Rainsford  Island 
Hospital.  Punishment  for  escap- 
ing, &c.,  from. 


I Section. 

6.  Removal  from  reform,  nautical, 
and  industrial  schools  to  state 
workhouse. 

7.  Trial  justices  to  be  designated  to 
have  jurisdiction  under  section 
five. 

8.  Fees  of,  and  expenses  of  trial  and 
removal  of  inmates. 

9.  Appropriation  for  alterations  of 
Bridgewater  almshouse. 

10.  Powers  of  cities  and  towns,  &c., 
not  affected. 

11.  When  act  takes  effect. 


State  work- 
house  estab- 
lished in  part 
of  Bridgewater 
State  Alms- 
house. 

G.  S.  71,  §§  32- 
57. 


Master  and 
inspectors,  and 
their  duties. 

G.  S.  71,  §§  32- 
35. 


Section  1.  A state  workhouse  shall  be  established  at 
Bridgewater.  So  much  of  the  state  almshouse  there  situate 
as  in  the  judgment  of  the  board  of  state  charities  is  necessary 
shall  be  devoted  to  this  purpose  ; such  alterations  may  be  made 
therein,  and  such  additions  be  made  thereto,  as  said  board  shall 
think  advisable  for  the  purpose  of  carrying  into  effect  the  pro- 
visions of  this  act. 

Sect.  2.  The  superintendent  of  said  almshouse  shall  be 
master  of  the  workhouse,  appointing  his  assistants  and  fixing 
their  compensation,  subject  to  the  approval  of  the  board  of  in- 
spectors of  said  almshouse,  ^io  shall  be  ex  officio  inspectors  of 
the  workhouse.  The  master  shall  make  any  and  all  rules  for 
the  government  of  said  institution,  to  be  approved  by  the  gov- 
ernor and  council,  and  shall  have  the  management  and  control 
of  said  workhouse  and  its  operations,  and  with  the  approval  of 
said  board  of  inspectors  may  make  contracts  for  the  labor  of  the 
inmates  of  said  workhouse.  The  board  of  inspectors  shall 
visit  the  workhouse  once  each  month,  and  one  of  them  shall 
visit  the  same  each  week  ; and  said  board  shall  annually,  before 
the  fifteenth  of  October,  report  the  condition  of  said  workhouse 
to  the  governor  and  council,  and  shall  audit  and  approve  all 
bills  before  payment  of  the  same. 


ACTS  OF  1866. 


203 


Sect.  3.  The  board  of  state  charities  shall  have  a general  Board  of  state 
supervision  of  the  workhouse ; they  shall  have  the  same  power  j»Ve  certain 
of  discharging  persons  therein  confined  for  any  cause,  that  the  rtla 

overseers  of  houses  of  correction  have  in  those  institutions  : s-  22*  ^ ^ 

there  shall  also  be  vested  in  said  board  of  state  charities  all  the  57. 

...  , . . . _ . G.  S.  178,  § 17. 

powers  not  herein  given  to  the  master  and  board  ot  inspectors,  1862,  m 
which  overseers  of  the  poor  have  in  relation  to  town  work-  ^31,^J)‘Ce  198> 
houses. 

Sect.  4.  The  expenses  of  the  workhouse  shall  be  paid  from  Expenses,  re- 
the  annual  appropriation  for  the  support  of  the  state  almshouse  awountTof. 
at  Bridgewater  : the  receipts  for  the  workhouse  for  labor  shall  s* 71’ §§ 
be  paid  quarterly  into  the  state  treasury  : separate  accounts 
shall  be  kept  of  the  expenses  of  the  almshouse  and  workhouse 
departments. 

Sect.  5.  Any  inmate  of  either  of  the  state  almshouses  or  Removal  of 
of  the  Rainsford  Island  Hospital,  who  comes  within  any  of  the  from^tate* 
descriptions  of  persons  contained  in  General  Statutes,  chapter  almshouses 

A L and  Rainsford 

one  hundred  and  sixty-five,  section  twenty-eight,  may,  on  con-  island Hospi- 
viction  thereof  before  a trial  justice  or  police  court,  be  sentenced  g.s.  71,  §26-57 
to  said  state  workhouse  for  a term  not  less  than  six  months  nor 
more  than  three  years  : the  complaint  shall  in  such  cases  be 
made  and  prosecuted  by  the  general  agent  of  the  board  of  state 
charities  or  some  person  under  his  direction,  and  on  request  of 
said  board  or  its  agent,  the  magistrate  or  court  shall  suspend  the 
issue  of  a mittimus  in  any  such  case.  Any  person  so  sentenced, 
escaping  or  attempting  to  escape,  may  be  pursued  and  reclaimed, 
and  upon  conviction  thereof,  shall  be  punished  by  confinement  Punishmentfor 
in  the  workhouse  for  not  less  than  six  months  in  addition  to  the  from, 
previous  sentence. 

Sect.  6.  • On  application  of  the  trustees  of  the  reform  school  Removal  from 
for  boys,  of  the  nautical  school,  or  of  the  industrial  school  for  cal  and’ iudUs- 
girls,  the  board  of  state  charities  may  cause  any  inmate  of  either 
of  said  institutions,  whom  said  trustees  deem  incorrigible  or  1863>240* 
unfit  subjects  for  said  institutions,  to  be  transferred  with  the 
mittqnus  to  the  state  workhouse,  the  master  of  which  is  hereby 
authorized  to  hold  such  persons  on  said  mittimus  till  the  term  of 
sentence  expires. 


204 


ACTS  OF  1866. 


Fees  of,  and 
expenses  of 
trial  and  re- 
moval of  in- 
mates. 


Trial  justices  to  Sect.  7.  His  Excellency  the  governor  is  hereby  authorized 

be  designated  1 . . . , . . 

to  have  juris*  to  designate  and  commission  a suitable  person  to  act  as  trial 
section tive^  jus^ce»  from  each  of  the- towns  of  Bridgewater,  Palmer  and 
G. s.  120,  §§ 33,  Tewksbury,  or  their  immediate  vicinity,  who  shall  take  cogni- 

34.  J . . . 

St.  18G6,  c.  198.  zance  of  all  complaints  under  the  fifth  section  of  this  act,  and 
any  warrant  or  mittimus  issued  by  said  justices  shall  be  served 
by  a deputy  constable  of  the  Commonwealth  whenever  practi- 
cable. 

Sect.  8.  The  justices  designated  under  section  seven  shall 
receive  a fee  of  one  dollar  for  each  case  brought  before  them, 
and  no  other  fee  or  compensation  whatsoever ; and  no  person 
receiving  a regular  salary  or  compensation  from  the  Common- 
wealth shall  receive  any  additional  pay  for  any  services  per- 
formed under  this  act.  The  expense  attending  the  trial  of  an 
inmate  of  any  state  institution,  as  provided  by  this  act,  shall  he 
paid  from  the  appropriation,  for  said  institution,  and  the  cost  of 
removing  parties  sentenced  to  the  state  workhouse  shall  be  paid 
from  the  appropriation  for  the  transportation  of  state  paupers. 
Sect.  9.  The  sum  of  five  thousand  dollars  is  hereby  appro- 
of  Bridgewater  Pnated  f°r  the  necessary  alterations  in  the  state  almshouse  at 
Almshouse.  Bridgewater,  authorized  by  this  act  to  be  expended  by  the  su- 
perintendent and  inspectors  in  accordance  with  the  provisions  of 
the  first  section  of  this  act,  and  the  same  shall  be  allowed  and 
paid  ; and  the  said  superintendent  and  inspectors  shall  be  au- 
thorized to  expend  for  the  same  purpose  any  surplus  that  may 
remain  of  the  current  expenses  for  the  year  one  thousand  eight 
hundred  and  sixty-six. 

Powers  of  cities  Sect.  10.  Nothing  contained  in  this  act  shall  affect  any 

powers  or  privileges  heretofore  granted  to  cities  or  towns,  or  the 
overseers  of  the  poor  thereof,  by  acts  specially  relating  to  the 
1865,162, 230, §2.  state  almshouses,  and  the  sending  of  state  paupers  thereto, 
when  Act  takes  Sect.  11.  This  act  shall  take  effect  upon  its  passage.  [April 
30,  1866.] 


Appropriation 
for  alterations 


and  towns,  &c. 
not  affected. 

G.  S.  71,  §§  36, 
37 


effect. 


0 


ACTS  OF  1866. 


205 


An  Act  to  establish  a State  Primary  School . st*  1866,  c.  209. 


Section. 

1.  School  for  dependent  and  neg- 
lected children  at  Monson  state 
almshouse  established. 

2.  Charge  and  superintendence  of; 
rules  and  regulations. 

3.  Officers  of,  and  their  pay. 

4.  Children  from  Bridgewater  and 
Tewksbury  almshouses  to  be 
transferred  to. 

5.  How  transferred. 

6.  Children  from  the  state  reform 


Section. 

school  may  be  transferred  to,  in 
certain  cases. 

7.  Children  in  state  primary  school 
to  be  found  places  elsewhere,  and 
not  to  be  received,  &c.,  above 
age  of  sixteen  years. 

8.  Board  of  state  charities  and  in- 
spectors to  have  certain  powers, 
&c. 

9.  Appropriations  for,  and  expenses 
of,  &c. 

10.  When  act  takes  effect. 


Section  1.  There  shall  be  established  at  the  state  alms- school  for  de- 
house in  Monson  a state  school  for  dependent  and  neglected  ncgiected"hii- 
children,  which  shall  be  known  as  the  State  Primary  School,  dren  at  Monson 
So  much  of  the  land  and  buildings  belonging  to  the  state  alms-  house  estab- 

0 00  . lished. 

house  as  in  the  judgment  of  the  board  of  state  charities  shall  g.  s.  71,  §§32- 
be  necessary,  shall  be  used  for  the  purposes  of  the  school,  and 
the  remainder  shall  be  used  for  the  purposes  of  a state  alms- 
house. There  shall  be  received  as  pupils  such  children  as  are 
now  maintained  and  instructed  in  the  state  almshouses  ; and 
such  children  shall  be  maintained,  taught,  exercised,  and 
employed,  as  their  health  and  condition  shall  require,  but  they 
shall  not  be  considered  as  inmates  of  the  almshouse,  nor 
allowed  to  mingle  with  the  inmates,  nor  shall  they  be  designated 
as  paupers. 

Sect.  2.  Said  school  shall  be  under  the  charge  of  the  super-  charge  and 
intendent  and  inspectors  of  the  state  almshouse  at  Monson,  who  eu^of161^" 
shall  prepare  rules  and  regulations  for  the  government  of  the 
school  and  the  general  management  of  its  affairs  ; and  §uch 
rules  and  regulations,  when  approved  by  the  governor  and  ^"1^sand  regu' 
council,  and  placed  on  record  in  the  office  of  the  secretary  of 
the  Commonwealth,  shall  be  and  remain  in  force,  until  altered 
or  amended  with  the  approval  of  the  governor  and  council. 

Sect.  3.  All  needful  officers  for  said  school  shall  be  Shooi! * and 

their  pay. 


‘206 


ACTS  OF  1866. 


St.  1866,  c.  209. 


Children  from 
Bridgewater 
and  Tewksbury 
Almshouses  to 
be  transferred 
to. 

G.  S.  71,  §§  32- 
67. 

G.  S.  165,  § 28. 


How  trans- 
ferred. 

1863,  240. 


Children  from 
the  State  Re- 
form School 
may  be  trans- 
ferred to,  in 
certain  cases. 
G.  S.  76. 

1863,  240. 


Children  in,  to 
be  found  places 
elsewhere,  and 
not  to  be  re- 
ceived, &c., 
above  age  of 
sixteen  years. 
1863,  240. 


appointed  and  their  compensation  fixed  by  the  superintendent, 
subject  to  the  approval  of  the  inspectors. 

Sect.  4.  For  the  purpose  of  instruction  and  employment 
there  shall  be  transferred  to  the  state  primary  school  from  the 
state  almshouses  at  Tewksbury  and  Bridgewater,  from  time  to 
time,  all  such  children  as  are  of  suitable  condition  of  body  and 
mind  to  receive  instruction,  and  at  the  same  time  are  likely  to 
continue  for  a period  of  six  months  under  the  care  of  the  state  ; 
and  especially  such  as  are  orphans,  or  have  been  abandoned  by 
their  parents,  or  whose  parents  haVfe  been  convicted  of  crime, 
or  come  within  any  of  the  descriptions  of  persons  contained  in 
the  General  Statutes,  chapter  one  hundred  and  sixty-five, 
section  twenty-eight. 

Sect.  5.  Such  transfers  of  children  shall  be  made  by  the 
board  of  state  charities,  who  shall  have  full  power  to  make  such 
other  transfers  of  children  as  they  may  deem  necessary,  from 
the  state  almshouses  ; and  the  power  of  admission  and  discharge 
shall  be  vested  in  the  said  board  of  state  charities,  together 
with  the  other  powers  now  vested  in  said  board  in  relation  to 
state  paupers  in  almshouses  and  hospitals. 

Sect.  6.  It  shall  be  the  duty  of  the  board  of  state  charities, 
upon  consultation  with  the  trustees  of  the  state  reform  school 
at  Westborough,  as  often  as  once  in  three  months,  to  examine 
into  the  sentences  and  the  conduct  of  the  pupils  in  that  insti- 
tution ; and  when  they  shall  find  pupils  there  residing  who  have 
been  committed  for  trivial  offences,  and  do  not  appear  to  be 
depraved  in  character,  or  to  need  the  restraints  of  imprison- 
ment, the  board  of  state  charities  shall  fnrnish  lists  of  such 
pupils  to  the  governor,  who  may,  under  his  warrant,  direct  the 
removal  of  such  children  to  the  state  primary  school  at  Monson, 
and  such  removal  shall  suspend  their  sentence  of  confinement 
at  Westborough,  during  the  good  behaviour  of  such  pupils. 

Sect.  7.  No  child  above  the  age  of  sixteen  years  shall  be 
received  or  retained  in  the  state  primary  school,  except  by 
special  vote  of  the  board  of  state  charities,  on  the  represen- 
tation of  the  superintendent  that  there  are  urgent  reasons  for 
such  admission  or  retention  ; but  it  shall  be  the  duty  of  the 


ACTS  OF  1866. 


207 


superintendent,  inspectors,  and  other  officers  to  use  all  diligence  st.  1866,  c.  209. 
to  provide  suitable  places  in  good  families  for  all  such  pupils  as 
have  received  an  elementary  education  ; and  any  other  pupils 
may  be  placed  in  good  families,  on  condition  that  their  educa- 
tion shall  be  provided  for  in  the  public  schools  of  the  town  or 
city  where  they  may  reside. 

Sect.  8.  Except  as  already  limited  in  this  act,  the  board  of  Board  of  state 
state  charities  and  the  inspectors  of  the  state  almshouse  at charities  aud 

inspectors  to 

Monson  shall  have  and  exercise  all  the  powers,  and  be  subject  have  certain 
to  all  the  duties,  in  regard  to  the  pupils  of  the  state  primary  g°'s?7i,  ^’32- 
school,  which  now  belong  to  or  may  hereafter  be  given  to  them  :^*;3  240 
in  regard  to  the  inmates  of  the  state  almshouse  at  Monson  ; and 
nothing  contained  in  this  act  shall  affect  any  powers  or 
privileges  heretofore  granted  to  cities  or  towns,  or  the  overseers 
of  the  poor  thereof,  by  acts  specially  relating  to  the  state 
almshouses,  and  the  sending  of  state  paupers  thereto. 

Sect.  9.  The  sum  of  two  thousand  dollars  is  hereby  Appropria. 
appropriated  for  the  necessary  chancres  in  the  buildings  at tions  for> and 

1 1 1 ‘ ° 0 expenses  of,&c. 

Monson,  which  shall  be  expended  under  the  direction  of  the  g.  s.  71,  §§  32- 
superintendent  and  inspectors.  The  expenses  of  the  school 
shall  be  paid  from  the  appropriation  for  the  expenses  of  the 
almshouse,  and  no  officer  now  receiving  a salary  from  the  Com- 
monwealth shall  be  entitled  to  any  increase  of  salary  in  conse- 
quence of  this  act ; but  such  officers  and  employees  as  the 
superintendent  and  inspectors  shall  designate,  shall  be  employed 
te  perform  services  both  in  the  school  and  in  the’’ almshouse. 

Sect.  10.  This  act  shall  take  effect  upon  its  passage.  WhenActtakeg 
\_May  3,  1866.]  effect. 


An  Act  relative  to  Slate  Paupers. 


St.  1866,  c.  234. 


Section. 

1.  State  pauper,  husband  of  town 
pauper,  to  be  supported  in  town 
of  wife’s  settlement  and  with  her. 


Section. 

2.  Expense  of  such  support,  now 
paid  &c. 

3.  Repeal  of  1861,  94. 

4.  When  act  takes  effect. 


Section  1.  When  the  operation  of  any  provisions  of  law  0 4 

r J 1 State  pauper, 

in  relation  to  poor  and  indigent  persons  might  cause  a separa-  husband  of 

A 010  r town  pauper,  t© 


208 


ACTS  OF  1866. 


be  supported  in 
town  of  wife’s 
settlement,  and 
with  her. 

G.  S.  71,  § 43. 
St.  1866,  c.  234. 

Expense  of 
such  support, 
how  paid,  &c. 
G.  S.  74,  § 44. 


Repeal  of  1S61, 
94. 

When  Act 
takes  effect. 


St.  1866,  c.  272. 


Parties  bring • 
ing  paupers 
into  State 
liable  for  their 
support  in  cer- 
tain c ises. 
G.S.71,  §§4,25. 
1863,  240,  § 6. 

Corporations 
bringing  in 
foreigners  to 
labor  to  give 
bond  for  their 
support. 

G.  S.  71. 

1863,  240,  § 6. 


tion  of  husband  and  wife,  by  reason  of  the  wife  having  a legal 
settlement  in  some  place  in  the  Commonwealth,  the  husband 
being  a state  pauper,  both  parties  shall  be  supported  by  the 
place  where  the  wife  has  a legal  settlement. 

Sect.  2.  The  expense  of  thus  supporting  the  person  who 
is  such  state  pauper  shall  be  paid  by  the  Commonwealth,  refer- 
ence being  had  to  the  expense  of  supporting  such  person  at  the 
state  almshouse,  if  there  committed. 

Sect.  3.  Chapter  ninety- four  of  the  acts  of  the  year 
eighteen  hundred  and  sixty-one  is  hereby  repealed. 

Sect.  4.  This  act  shall  take  effect  upon  its  passage.  [May 
15,  1866.] 


An  Act  in  relation  to  State  and  other  Paupers. 


Section. 

1.  Parties  bringing  paupers  into  state 
liable  for  their  support  in  certain 
cases. 


Section. 

2.  Corporations  bringing  in  foreign- 
ers to  labor  to  give  bond  for  their 
support. 


Section  1.  The  provisions  of  sections  four  and  twenty-five 
of  chapter  seventy-one  of  the  General  Statutes  are  hereby  ex- 
tended and  made  applicable  to  any  corporation  or  party  by 
whose  means  any  person  not  having  a settlement  in  this  com- 
monwealth is  brought  into  the  state. 

Sect.  2.  Any  corporation  which  brings  into  this  common- 
wealth, or  by  whose  means  or  at  whose  instigation  any  person 
is  brought  into  the  same,  for  the  purpose  of  performing  labor 
for  such  corporation,  if  such  person  has  no  settlement  in  this 
commonwealth,  shall  give  a bond  to  the  Commonwealth,  to  be 
delivered  to  the  superintendent  of  alien  passengers,  in  a sum  of 
three  hundred  dollars,  conditioned  that  neither  such  person  nor 
any  one  legally  dependent  on  such  person  for  support,  shall 
within  two  years  become  a city,  town,  or  state  charge.  [May 
28,  1866.] 


ACTS  OF  1866. 


209 


An  Act  in  addition  to  ‘ ‘ An  Act  to  provide  State  aid  for  disabled  st.  i860,  c.  282. 
soldiers  and  sailors  and  their  families , and  for  the  families  of 
the  slain” 


SecnoN. 

1.  Surgeon-general  may  appoint  sur- 
geons to  examine  persons  claim- 
ing state  aid  as  disabled  soldiers. 
Certificates  of  such  surgeons  to  be 
conclusive,  &c. 

2.  Fee  for  examination. 


Section. 

3.  Penalty  for  corruptly  making  false 
certificate. 

4.  Appeal  from  surgeon  to  commis- 
sion. 

5.  Provisions  of  former  act  extended. 

6.  When  actrtakes  effect. 


sive.  &c. 


Section  1.  The  surgeon-general,  under  the  direction  and  surgeon-Gen- 
subject  to  the  approval  of  the  governor,  is  authorized  to  desig-  pointTurgeons 
nate  surgeons,  in  such  places  and  in  such  numbers  as  he  may  t0  exa“m®  Per* 
find  expedient,  from  time  to  time,  and  in  like  manner  to  vacate  state  aw  as  dis- 

. # abled  soldiers. 

their  appointments,  who  shall  be  authorized  to  examine  all  1866, 172. 
persons  claiming  to  be  disabled  soldiers  entitled  to  state  aid 
under  the  one  hundred  and  seventy-second  chapter  of  the  acts 
of  the  year  eighteen  hundred  and  sixty-six,  whose  certificates  of 
disability  being  received  and  acted  upon  in  good  faith  by  the 
cities  and  towns,  shall,  as  to  the  fact  of  disability,  be  conclusive 
on  the  Commonwealth  ; and  said  certificates,  which  shall  state  t0  be  couclu* 
particulars  in  relation  to  such  disability,  agreeably  to  a form 
to  be  prescribed  by  the  surgeon-general,  shall  be  returned  to 
the  state  auditor,  with  the  acounts  for  such  aid  as  shall  be  paid 
thereon. 

Sect.  2.  The  fee  to  be  received  by  such  surgeons  shall  in  Fee  for  exam- 
no  case  exceed  one  dollar ; and  the  surgeon-general  may  estab- 
lish a less  fee,  or  a scale  of  fees,  by  official  regulation. 

Sect.  3.  Any  surgeon  so  designated  who  shall  wilfully  and  penalty  for  cor- 
corruptly  make  any  false  certificate  concerning  the  disability  of  fl7seLnmcate. 
any  such  person,  shall  be  deemed  guilty  of  a misdemeanor,  and 
shall  be  punished  by  imprisonment  not  exceeding  one  year,  or 
by  a fine  not  exceeding  one  thousand  dollars. 

Sect.  4.  Nothing  herein  contained  shall  affect  the  right  of  Appeal  from 

i i ••  • • pi  surgeon  to  corn- 

appeal  to  the  commission  constituted  by  the  fifth  section  of  the  mission. 

27 


210 


ACTS  OF  1866. 


St.  1866,  c.  282. 


Provisions  of 
former  Act 
extended. 
1866,  172, 


When  Act 
takes  effect. 


St.  1866,  c.  283. 


Towns  may 
make  provi- 
sions for  care, 
&c.,  of  neglect- 
ed children  un- 
der age  of  six- 
teen years. 

G.  S.  42. 

1862,  21,  207. 
1863,  44,  128. 
1865,  208. 


the  one  hundred  and  seventy- second  chapter  of  the  acts  of  the 
year  eighteen  hundred  and  sixty-six. 

Sect.  5.  The  provisions  of  chapter  one  hundred  and 
seventy-two  of  the  acts  of  eighteen  hundred  and  sixty-six,  so 
far  as  they  are  applicable,  shall  apply  to  the  widow,  and  chil- 
dren under  fourteen  years  of  age,  (now  residing  without  this 
state,)  of  any  officer,  soldier,  or  sailor,  who  served  in  the  army 
or  navy  of  the  United  States,  to  the  credit  of  the  state  of  Mas- 
sachusetts, between  the  nineteenth  day  of  April,  eighteen  hun- 
dred and  sixty-one,  and  the  first  day  of  September,  eighteen 
hundred  and  sixty-live,  and  who  died  in  said  service,  or  who 
has  since  died  by  reason  of  wounds  received  or  disease  con- 
tracted while  in  said  service ; provided , that  said  soldier  had 
been  a resident  of  this  state  during  the  two  months  immediately 
preceding  his  enlistment;  and  provided  that  said  widow  and 
children  are  in  necessitous  circumstances.  The  aid  hereby  pro- 
vided, shall  be  paid  as  provided  in  section  twelve  of  chapter 
one  hundred  and  seventy-two  of  the  acts  of  eighteen  hundred 
and  sixty-six. 

Sect.  6.  This  act  shall  take  effect  upon  its  passage.  \_May 
29,  1866.] 


An  Act  concerning  the  Care  and  Education  of  neglected  Children . 


Section. 

1.  Towns  may  make  provisions  for 
care,  &c.,  of  neglected  children 
under  age  of  sixteen  years. 

2.  May  appoint  persons  to  make 
complaints. 

3.  Children  under  sixteen  years  old, 
growing  up  without  education, 


Section. 

&c.,  may  be  committed  to  insti- 
tutions, &c. 

4.  May  be  discharged  when  parents 
or  others  can  or  will  properly 
take  care  of  them. 

5.  Former  act  not  to  apply  to  Boston. 


Section  1.  Each  of  the  several  cities  and  towns  in  this 
commonwealth  is  hereby  authorized  and  empowered  to  make  all 
needful  provisions  and  arrangements  concerning  children  under 
sixteen  years  of  age,  who,  by  reason  of  the  neglect,  crime, 
drunkenness  or  other  vices  of  parents,  or  from  orphanage,  are 
suffered  to  be  growing  up  without  salutary  parental  control  and 


ACTS  OF  1866. 


211 


education,  or  in  circumstances  exposing  them  to  lead  idle  and  st,  1866,  c. 283. 
dissolute  lives ; and  may  also  make  all  such  by-laws  and  ordi- 
nances respecting  such  children,  as  shall  be  deemed  most  con- 
ducive to  their  welfare  and  the  good  order  of  such  city  or  town ; 
provided , that  said  by-laws  and  ordinances  shall  be  approved  by 
the  supreme  judicial  court,  or  any  two  justices  thereof,  and 
shall  not  be  repugnant  to  the  laws  of  the  Commonwealth. 

Sect.  2.  The  mayor  and  aldermen  of  cities  and  the  select- May  appoint 
men  of  towns  availing  themselves  of  the  provisions  of  this  act,  makecom- 
shall  severally  appoint  suitable  persons  to  make  complaints  in  plaint8, 
case  of  violations  of  such  ordinances  or  Tby-laws  as  may  be 
adopted,  who  alone  shall  be  authorized  to  make  complaints 
under  the  authority  of  this  act. 

Sect.  3.  'When  it  shall  be  proved  to  any  judge  of  the  children 

. . , . . . under  sixteen 

superior  court,  or  judge  or  justice  of  a municipal  or  police  court,  years  old, 
or  to  any  trial  justice,  that  any  child  under  sixteen  years  of  age,  wHhouteduca- 
bv  reason  of  orphanage,  or  of  the  neglect,  crime,  drunkenness,  tion’ &c-  may 

v # 1 ° . ° . . be  committed 

or  other  vice  of  parents,  is  growing  up  without  education  or  to  institutions, 

salutary  control,  and  in  circumstances  exposing  said  child  to  an 

idle  and  dissolute  life,  any  judge  or  justice  aforesaid,  shall  have 

power  to  order  said  child  to  such  institution  of  instruction  or 

other  place  that  may  be  assigned  for  the  purpose,  as  provided 

in  this  act,  by  the  authorities  of  the  city  or  town  in  whioh  such 

child  may  reside,  for  such  term  of  time  as  said  judge  or  justice 

may  deem  expedient,  not  extending  beyond  the  age  of  twenty- 

one  years  for  males,  or  eighteen  years  for  females,  to  be  there 

kept,  educated  and  cared  for  according  to  law. 

Sect.  4.  Whenever  it  shall  be  satisfactorily  proved  that  Children  may 
the  parents  of  any  child  committed  under  the  provisions  of  this  when  parents 
act,  shall  have  reformed  and  are  leading  orderly  and  industri- or  °thers  cfnor 
ous  lives,  and  are  in  a condition  to  exercise  salutary  parental t:ike  care  of 
control  over  their  children,  and  to  provide  them  with  proper 
education  and  employment ; or,  whenever  said  parents  being 
dead,  any  person  may  offer  to  make  suitable  provision  for  the 
care,  nurture,  and  education  of  such  child  as  will  conduce  to 
the  public  welfare,  and  will  give  satisfactory  security  for  the 
performance  of  the  same,  then  the  directors,  trustees,  overseers, 


212 


ACTS  OF  1866. 


St.  1866,  c.  283. 


Former  Act 
not  to  apply  to 
Boston. 

1862,  207. 

1863,  44. 


St.  1866,  c.  288. 


Settlement 
acquired  by 
military  service 
without  a con- 
tinuous service 
of  one  year. 

■When  Act 
takes  effect. 


St.  1866,  c.  292. 


Provisions  re- 
specting  alien 
passengers. 

G.  S.  71,  §§  12, 
14. 

1863,  240,  § 6. 


or  other  board  having  charge  of  the  institution  to  which  such 
child  may  be  committed,  may  discharge  said  child  to  the  parents 
or  to  the  party  making  provision  for  the  care  of  the  child  as 
aforesaid. 

Sect.  5.  Chapter  two  hundred  and  seven  of  the  acts  of  the 
year  eighteen  hundred  and  sixty-two,  shall  not  apply  to,  nor 
have  effect  within  the  city  of  Boston  after  the  passage  of 
this  act.  [May  29,  1856.] 


An  Act  to  define  Chapter  Two  Hundred  and  Thirty  of  the  Acts 
of  the  year  Eighteen  Hundred  and  Sixty-five , relative  to  the 
Laws  of  Settlement . 

Section. 

1.  Settlement  acquired  by  military 
service  without  a continuous  ser- 
vice of  one  year. 

g.  s.  69, 70.  Section  1.  Section  one  of  chapter  two  hun- 
1865, 230, dred  and  thirty  of  the  acts  of  eighteen  hundred  and 
sixty-five  shall  not  be  construed  to  require  a continuous  ser- 
vice of  one  year. 

Sect.  2.  This  act  shall  take  effect  upon  its  passage.  [May 
29,  1866.] 


Section. 

2.  When  act  takes  effect. 


An  Act  concerning  Alien  Passengers  on  Vessels  coming  from 
without  the  United  States. 


Section. 

1.  Provisions  respecting  alien  pas- 
sengers. 

2.  Actions  under  pauper  and  bas- 


Section. 

tardy  laws  may  be  served  by  state 
constables. 


Section  1.  The  provisions  of  section  twelve  and  fourteen 
of  chapter  seventy-one  of  the  General  Statutes,  shall  apply  to 
all  vessels  arriving  at  any  port  of  this  commonwealth  from  any 
port  or  place  without  the  limits  of  the  United  States,  or  which 


ACTS  OF  1866. 


213 


shall  have  stopped  at  any  such  port  or  place  during  their  st.  ism,  c.  292. 
voyages. 

Sect.  2.  In  all  actions  brought  by  or  on  account  of  alien  Actions  under 
passengers  and  state  paupers  under  the  provisions  of  chapters  tardy  laws  nwy 
seventy-one  and  seventy-two  of  the  General  Statutes,  the  civil  b®8erveflby 

J J State  consta- 

process  may  be  served  by  the  constable  of  the  Commonwealth  bles- 

1 J J G.  S.  71  72. 

or  any  one  of  his  deputies.  \_May  30,  1866.]  i8G5,24o. 


f 


INDEX 


A. 

PAGE 

“A.  B.” 

Donation  of 116 

Letters  of,  to  Overseers  of  the  Poor  in  Boston 116-120 

ACTIONS. 

By  apprentices,  &c.,  limitation  of 54 

ADOPTION. 

(See  Children.) 

ALIEN  COMMISSIONERS. 

Powers  of,  transferred  to  Board  of  State  Charities 40  n. 

ALIEN  PASSENGERS. 

Superintendent  of,  powers  of,  transferred  to  Board  of  State 

Charities 40  n. 

When  overseers  to  perform  duties  of 44 

Provisions  respecting 212 

Acts  relating  to,  1837,  1840,  1845 171,  172 

1848,  1849,  1850  173 

1851,  1852,  1853,  1854  174 

1855,  1856 175,  176 

1858,  1859  177,  178 

1864,  1865 180 

1866  182,  212 

(See  Board  of  State  Charities,  Foreigner.) 

ALMSHOUSE. 

Poor  to  be  employed  in 16,  29 

Overseers  of  the  Poor  may  remove  children  to 29 

Complaints  of  in  Boston  in  1712  and  afterwards 21 

Superseded  in  Boston  by  House  of  Industry 21 

Board  of  directors  of  latter  established  in  1823 22 

Their  powers  as  to  same  identical  with  those  of  Overseers 

of  the  Poor 22 

Controversy  between  the  two  boards 22 

Powers  and  jurisdiction  of  both  defined  by  City  Council 

in  1825 22 

Acts  relating  to,  1848,  1859 173,  178 

(See  House  of  Industry,  Public  Institutions,  Workhouse.) 

A 


216 


INDEX. 


PAGE 

ALMSHOUSES,  STATE. 

Cities  and  towns  may  send  state  paupers  to 40 

Dangerous  lunatics  not  to  be  sent  to 41 

Inmates  becoming  so  may  be  sent  to  state  lunatic  hospitals . . 41 

Idiots  may  be  sent  to 41 

When  full,  town  to  take  charge  of  state  pauper  until  notified,  &c.  41 

Towns  liable  for  support  of  their  paupers  in 41 

Persons  infected  with  small-pox,  &c.  not  to  be  sent  to 44 

How  cared  for,  &c 44 

Expense  thereof  how  paid 44 

Penalty  for  sending  to 44 

Complaints  for  bastardy,  where  made  by  inmates  of 45 

Acts  relating  to,  1855,  1858 175,  177 

1865 44,  180 

APPRENTICES  OR  SERVANTS. 

Minors  may  be  bound  as 51 

Children  under  fourteen  years  how  bound  as 51 

“ above  “ “ “ “ “ 52 

Overseers  of  the  Poor  may  bind  minors  as 52 

At  what  age,  and  on  what  terms 52 

By  an  indenture  of  two  parts 52 

One  to  be  kept  for  minor 52 

Money,  &c.  paid  for,  to  be  for  use  of  minor 52 

Parents,  &e.  to  inquire  into  treatment  of 52 

Complaints  against,  or  their  masters,  where  filed,  &c 53 

Court  may  discharge,  &c 53 

May  award  costs 53 

May  have  remedy  against  masters  for  breach  of  covenant 53 

By  whom  suits  against  masters  may  be  brought  for 53 

Proceedings  therein  when  brought  by  overseers 54 

Actions  by,  limitation  of 54 

Court  may  discharge,  if  judgment  in  favor  of 54 

Absconding,  may  be  arrested,  and  returned  or  imprisoned 54 

Proceedings  in  such  case 54 

Costs  therein,  of  whom  recoverable 54 

Discharged  by  death  of  masters 55 

Provisions  concerning,  to  apply  to  mistresses  as  well  as  masters ....  55 

Not  to  affect  father’s  right  to  contract  for  services  of  children  55 

Powers  as  to,  who  may  exercise  in  cities 55 

Minors  not  to  be  bound  as,  without  bonds  to  and  by  master, 

except,  &c 55 

Bond  by  master  how  to  be  preserved,  &c 56 

Decisions  as  to 71 

Acts  as  to,  1835,  1859,  1865 170,  178,  181 

Beneficiaries  of  Boylston  Charities  may  be  bound 107 

Indigent  boys  may  be  bound  to  Boston  Asylum,  &c 108,  109 


INDEX. 


217 


1’ACiB 

APPRENTICESHIP. 

Settlement  by,  &c 10,  58 

APPROBATION  OF  SELECTMEN. 

Settlement  gained  by 5 

Decisions  as  to 73 

APPOB ATION  OF  TOWN. 

Settlement  gained  by 5 

Decisions  as  to 73 

APPROPRIATIONS. 

For  Overseers  of  the  Poor  in  Boston 191 

ASSESSMENT,  &c. 

Settlement  acquired  by 57 

Decisions  as  to 77,  82,  84 

ASSOCIATION. 

For  the  Relief  of  Aged  Indigent  Females,  Act  to  incorp.  1849..  173 

B. 

BASTARD  CHILDREN. 

Acts  concerning,  1786,  1826, 164,  168 

1835 170 

1859,  1863 178,  179 

As  to  settlement  of,  (See  Settlement.) 

(See  Bastardy.) 

BASTARDY. 

Who  may  complain,  &c.  for,  if  woman  refuses 45 

Complaint  for,  where  made,  if  woman  is  in  almshouse 45 

Not  to  be  withdrawn  without  consent,  &c 45 

Settlement  of,  by  parents,  not  to  relieve  father  from  liability 

for  support 45 

Party  accused  on,  may  take  poor  debtor’s  oath 46 

Mother,  &c.  to  have  remedy  against 46 

May  be  compromised  by  public  officers 46 

Process,  Act  relating  to,  1859 177 

(See  Bastard  Children,  Fornication.) 

BEGGARS. 

(See  Rogues.) 

BELKNAP,  MARY. 

Legacy  of 142 

BIRTH. 

Settlement  gained  by 3 

BLACKADER,  MARGARET. 

Legacy  of 123 

BOARD  OF  STATE  CHARITIES. 

Constituted 65 

General  agent  and  secretary  of,  their  duties,  &c 66 

To  perform  duties  of  commissioners  of  alien  passengers,  &c.  67 


218 


INDEX. 


PAGE 


BOARD  OF  STATE  CHARITIES,  Continued. 

To  give  bonds 68 

Powers  and  duties  of,  &c 67 

To  make  annual  report  for  use  of  legislature 67 

Compensation  of  general  agent  of,  &c 68 

Powers  of  as  to  State  Primary  School 207 

Workhouse 203 


(See  Alien  Commissioners,  Alien  Passengers,  State  Work- 
house.) 

BONDS. 

(See  Apprentices.) 

BOSTON. 


Town  of  divided  into  twelve  wards 20 

Act  for  employing,  &c.,  poor  of  town  of,  1735 99,  163 

Town  of  empowered  to  erect  a workhouse  for  the  poor 101 

(See  Overseers  of  the  Poor  in  Boston.) 

Asylum  for  Indigent  Boys  and  Boston  Asylum  and  Farm  School, 

provisions  concerning 108 

Act  to  incorporate,  1814 166 

In  addition  to,  1824  108,  168 

Farm  School,  Act  to  incorporate,  1833  169 

Asylum  and  Farm  School,  &c.,  Act  to  incorporate,  1835 169 

Act  relating  to,  1838  171 

“ “ 1854  174 

Dispensary,  Act  to  incorporate,  1801 166 

Concerning,  1852  174 

“ 1859  177 

Society  for  the  Religious  and  Moral  Instruction  of  the  Poor,  Act 

to  incorporate,  1820 167 

Act  to  change  the  name  of,  1841 172 

Fuel  Savings  Institution,  Act  to  incorporate,  1821 167 

Children’s  Friend  Society,  Act  to  incorporate,  1834 169 

In  addition  to,  1836  171 

Children’s  Aid  Society,  Act  to  incorporate,  1865 180 

Fatherless  and  Widows’  Society,  Act  to  incorporate,  1837 171 

Lunatic  Asylum,  Act  to  establish,  1839 171 

In  addition  to,  1840  171 

Society  for  the  Prevention  of  Pauperism,  Act  to  incorporate,  1847,  172 

To  change  name  of,  1866  182 

Provident  Association,  Act  to  incorporate,  1854  175 

Asylum  for  Inebriates,  Act  to  establish,  1864  180 

BOWEN,  Mr. 

Donation  of 139 

BOYLSTON,  JOHN. 

Trustees  of  charitable  donations  of,  incorporated 106 

Act  as  to,  1814 107,  166 

Bequests,  &c.,  of,  vested  in  said  corporation,  &c 106 


INDEX, 


219 


PAOE 

BOYLSTON,  JOHN.  Continued. 

Said  corporation  to  hold  real  estate,  &c 106 

To  have  common  seal,  &c 107 

Acts  done  by,  &c.,  binding 107 

May  bind  out  poor,  &c 107 

Legacies  and  devise  of 132 

Opinion  of  City  Solicitor  as  to 133,  n. 

Record  of  donations  of 138 

BOYS. 

(See  Boston  Farm  School,  Children,  Overseers  of  the  Poor 
C Industrial  ^ 

in  Boston,  State  < Primary  > School.) 

( Reform  ) 

BREED,  WILLIAM. 

Legacy  of 141 

BURIAL. 

Of  deceased  indigent  strangers  provided  for,  &c 16,  30,  31 

Of  pauper  lunatics  dying  in  hospital,  expense  of,  how  paid 51 

(See  Coroner,  Dead  Bodibs,  State  Lunatic  Hospital,  Stran- 
ger.) 

BY-LAWS. 

Of  Overseers  of  the  Poor  in  Boston 148 

C. 

CENTRAL  RELIEF  BUILDING. 

Orders  of  City  Council  in  regard  to vii.,  115 

CHARITABLE  ASSOCIATIONS  AND  INSTITUTIONS. 

(See  Names  in  Alphabetical  Order,  and  especially  Boston, 

&c.,  Boylston,  John.) 

CHARLESTOWN. 

Trustees  of  Poor’s  Fund  in,  Act  to  incorporate,  1825 168 

CHASTITY,  &c. 

Of  Offences  against,  1859 178 

(See  Bastardy,  Fornication.) 

CHILDREN. 

Settlement  of  illegitimate  once  governed  by  that  of  father 11 

How  now  gained 57 

Decisions  as  to 75 

Of  legitimate,  how  gained 56 

Decisions  as  to 74 

May  be  removed  to  almshouse  by  overseers  when 29 

How  bound,  &c.,  when  under  14 51 

Over  14 52 

May  he  bound  by  Directors  of  House  of  Industry 62 

Statement  concerning  pauper,  to  be  returned  by  Board  of  Direc- 
tors, &c.  in  Boston,  and  by  overseers  in  other  places 35 


220 


INDEX. 


PAGE 

CHILDREN,  Continued. 

Penalty  for  not  returning 36 

Parents  and,  Act  concerning,  1835 170 

Indigent,  Samaritan  Asylum  for,  Act  to  incorporate,  1835 169 

Acts  concerning,  1848,  1857  173,  176 

1866  182,  210 

Adoption  of,  Act  relating  to,  1859 177 

Neglected,  &c.,  State  Primary  School  for,  established,  &c 205-207 

Towns  may  provide  for  care  of,  &c 210 

Make  by-laws,  &c.  respecting 211 

To  appoint  persons  to  make  complaints,  &c . . 211 

May  be  sent  to  institutions,  &c.  when 211 

When  may  be  discharged  therefrom 211 

St.  1862,  c.  107,  not  to  apply  to  or  have  effect  in  Boston 
after,  &c 212 


(See  Apprentices,  House  of  Industry,  Juvenile  Offenders, 


Parents,  Settlement,  &c., 

C Industrial,  } 

State  < Primary,  > School.) 
q Reform,  3 

CITY  COUNCIL  OF  BOSTON. 

Powers,  &c.  of  Overseers  of  the  Poor,  &c.  defined  by  in  1825 22 

May  remove  an  overseer  for  cause 23,  111 

Overseers  to  report  to 112,  114 

Committee  of  on  Overseers  of  the  Poor  to  be  appointed 112 

Duties  of 113 

Orders  of  in  regard  to  Central  Relief  Building vii.,  115 

To  approve  rules  of  House  of  Industry 63 

To  fill  vacancies  in  Board  of  Directors  thereof,  &c 64 

CITY  DOCUMENTS. 

List  of  for  reference  by  overseers 183 

CITY  HOSPITAL. 

Act  to  establish,  1858 177 

CITY  SOLICITOR. 

Opinion  of  as  to  the  rights  of  the  Overseers  of  the  Poor  in  Boston 
in  the  expenditure  of  moneys  appropriated  to  them  by  the 

city 28,  n. 

On  the  question : Ought  the  Overseers  of  the  Poor  in  Bos- 
ton to  be  sworn? HI,  n. 

As  to  the  devise  of  David  Jeffries 132,  n. 

Devise  of  John  Boylston 183,  n. 

Legacy  of  Samuel  Dexter 140,  n. 

CITY  TEMPORARY  HOME. 

Account  of 152 

Rules  for  the  office  of 156 

Bill  of  fare  at  157 

Statistics  in  regard  to 158 


INDEX 


221 


PAGE 

CLERGYMAN. 

(See  Minister,  Settlement,  Society,  &c .) 

COMMISSIONERS. 

(See  Alien  Commissioners,  Alien  Passengers,  Board  of  State 
Charities,  County  Commissioners.) 

COMMITMENTS. 

To  prisons,  &c.  periodical  returns  of  to  be  made 37 

COMMITTEE. 

Of  City  Council  on  Overseers  of  the  Poor,  duties  of,  &c 112-115 

Standing  Committees  of  Overseers  of  the  Poor  in  Boston 151 

CC  N STABLE. 

(See  State  Constables.) 

CONTRACTS. 

Overseers,  &c.  not  to  be  interested  in,  unless,  &c 112 

CONVICT. 

To  be  removed  to  almshouse  when 42 

To  place  of  settlement  if  in  this  State 42 

Discharged,  Acts  relating  to,  1845,  1846 172 

1848,1852 173,  174 

1864 180 

Sick,  to  be  cared  for  at  prison  until  able  to  be  moved 42,  n. 

Poor,  Acts  relating  to,  1842,  1853 172,  174 

1859,  1866 178,  182 

Support  of,  Acts  relating  to,  1843,  1846 172 

Eemale,  Acts  concerning,  1854,  1858 175,  176 

Juvenile  in  United  States  Courts,  Act  relating  to,  1866  182 

(See  Prisoners.) 

CORONER. 

To  bury  dead  body  of  stranger,  when 36 

Costs  thereof  how  paid 36 

Acts  concerning,  1807,  1812 166 

1835,1850 170,  173 

1859 178 

CORPORATION. 

Overseers  of  the  Poor  in  Boston  created  a,  in  1772 20 

Purposes  and  powers  of  same 21 

Acts  relating  to  incorporation  of 103-112 

Bringing  persons  not  settled,  into  the  State 208 

COUNTIES  AND  COUNTY  OFFICERS. 

Of,  1835  170 

1859 178 

COUNTY  COMMISSIONERS. 

Certain  returns  by  88 

CRIMINAL  OFFENDERS. 

Act  for  punishing,  1692 162 

Sentence  of,  Act  relating  to,  1866 18  2 


222 


INDEX. 


D. 

PAGE 

DEAD  BODIES. 

Overseers  of  town,  Mayor  and  Aldermen  of  city,  and  inspectors 
and  superintendent  of  a state-almshouse,  may  give  to  physicians, 

when 61 

On  receiving,  physician  to  give  bond 61 

Notice  as  to,  to  be  given  to  overseers  of  town,  &c 61 

When  not  to  be  given  to  physicians 61 

Illegal  removal  of,  how  punished 62 

Buying  or  selling,  penalty  for 62 

Acts  concerning,  1831,  1831 169 

1835,  (practice  of  physic  and  surgery) 170 

1845,  (study  of  medicine) 172 

1855,  (study  of  anatomy) 175 

1859,  (promotion  of  anatomical  science) 178 

DEXTER  SAMUEL. 

Legacy  of 140 

Opinion  of  City  Solicitor  as  to 140,  n. 

DISORDERLY  PERSONS. 

(See  Idle  Persons,  Rogues.) 

DISPENSARY. 

(See  Boston.) 

DISTRICT. 

Settlement  gained  by  incorporation  or  division  of. 10 

Decisions  as  to 78 

To  support  poor,  &c 15 

May  raise  money  therefor 15 

May  choose  not  more  than  twelve  Overseers  of  the  Poor 15 

DIVISION  OF  TOWN,  &c. 

Settlement  gained  by 10,  58 

Decisions  as  to 78 

DRAFTED  MEN. 

Act  concerning  families  of,  &c.,  1863 179 

DRISCOLL,  Mrs.  ' 

Legacy  of 140 

DRUNKARDS. 

Act  concerning,  1850 173 

E. 

ELLIOT,  SAMUEL. 

Legacy  of 141 

ESTATE  OF  FREEHOLD,  &c. 

Settlement  gained  by  having,  &c 6,  9,  11,  57 

Decisions  as  to 76,  77 


INDEX. 


223 


PAGE 

ESTOPPEL. 

Decisions  as  to  in  claims  of  towns  against  towns  for  support  of 


paupers 95 

EXECUTION  AND  JUDGMENT. 

Of,  Act  of  1835 170 

EXPENSES. 

Of  supporting  poor,  to  be  paid  by  town  or  district 15 

Superior  Court  may  assess  kindred  for 29 

Overseers  may  sell  estate  of  deceased  pauper  to  pay 33 

Of  supporting  state  paupers,  allowance  for 42 

State  paupers  by  towns,  accounts  for,  how  audited,  &c 43 

Paupers  in  House  of  Industry,  remedy  of  City  for 64 

Of  prisons,  &c.,  annual  returns  of  to  be  made 37 

County  Commissioners  to  make  return  to  sheriff  of  certain 38 

Penalty  for  neglecting  to  return 38 

District  Attorney  to  make  complaint  for 38 

Of  trial  of  persons  alleged  to  be  insane 47 

Of  State  Lunatic  Hospital,  for  support  of  inmates,  how  paid,  &C..48,  49 

Of  clothing,  burial,  &c.,  of  lunatics  in  hospital,  how  paid 51 

Of  lunatics  sent  to  hospital,  remedy  of  towns  for 51 

Of  lunatic  state  paupers,  how  paid,  &c 68 

Of  relieving  poor  strangers,  how  recovered,  &c 30,  31 

Of  supporting  husband  of  town  pauper  with  wife,  &c.,  payment  of.  42,  208 

Of  support  of  poor,  accounts  for,  Act  concerning,  1799 166 

State  paupers,  Act  concerning  accounts  for,  1851 173 

Of  State  Workhouse 203 

Primary  School 207 


F. 

FARM  SCHOOL. 

(See  Boston  Asylum,  &c.) 

FEMALE. 

(Aged  : See  Association,  Home,  &c.  Convict  : See  Convict. 


Poor  : See  Society,  &c.) 

FINES. 

To  the  use  of  the  poor ....  65 

From  Mr.  Justice  Gorham 139 

FOREIGNER. 

Pauper,  may  be  carried  where  he  belongs 43 

Acts  as  to,  1820,  1831 167,  169 

Corporation  bringing  into  State  to  labor,  to  give  bond  to  support . . 208 
(See  Alien  Commissioners,  Alien  Passengers,  Paupers.) 
FORNICATION. 

Acts  against,  1642,  1665,  1786 162,  164 

1826,  1859 168,  178 

FRAGMENT  SOCIETY. 

Act  to  incorporate,  1816 166 

B 


224 


INDEX. 


PAGE 

FREEHOLD. 

(See  Estate  or  Freehold.) 

G. 

GERMAN  IMMIGRANTS. 

(See  Society.) 

GIRLS. 

C Industrial  1 

(See  State  < Primary  > School.) 

( Reform  ) 

GUARDIANS. 

Sale  of  land  by,  overseers  to  assent  to,  when 65 

Acts  concerning,  1784,  1807 164,  166 

1819,  1835 167,  170 

1846,  1859 172,  178 

And  Wards,  1835,  1859 170,  178 

H. 

HOME. 

Temporary,  (See  City  Temporary  Home.) 

HOME  FOR  AGED  COLORED  WOMEN. 

Act  to  incorporate,  1864 179 

Washingtonian,  Act  concerning,  1866 181 

HOSPITAL. 

Sick  paupers  may  be  sent  to 40 

(See  City  Hospital,  Massachusetts  General  Hospital,  State 
Lunatic  Hospital.) 

HOUSE  FOR  THE  REFORMATION,  &c.,  OF  JUVENILE  OF- 
FENDERS, IN  THE  CITY  OF  BOSTON. 

Acts  concerning,  1843,  1847 172 

(See  Juvenile  Offenders.) 

HOUSE  OF  INDUSTRY. 

Poor  to  be  removed  to 23 

Directors  of  to  be  chosen 62,  63 

Their  powers  and  duties 62 

As  to  binding  out  children 62 

To  make  reports 63 

City  Council  to  fill  vacancies  in  board  of 64 

To  appoint  a superintendent  and  other  officers  of 64 

Powers,  &c.,  of,  transferred  to  Board  of  Directors  for  Public 

Institutions,  1864  99,  n. 

Removed  to  Deer  Island  in  1853 62,  n. 

Police  Court  may  commit  to 63 

Rules  of  to  be  approved  by  City  Council 63 

Expense  of  supporting  paupers  in,  remedy  of  City  for 64 


INDEX 


225 


PAGE 

HOUSE  OF  INDUSTRY,  continued. 

Act  concerning,  1823 167 

In  addition  to,  1827  168 

(See  Almshouse,  Public  Institutions.) 

HOUSE,  OR  HOUSES  OF  CORRECTION,  &c. 

Acts  concerning,  1824,  1834 168,  169 

1835,  1839.. 170,  171 

1848,  1851 173,  174 

1859,  1864  177,  178,  180 

HUSBAND 

And  wife  not  to  be  separated,  when  she  is  settled  and  he  a state 

pauper 42,  207 

How  supported,  &c 42,  207 

Liability  of  for  wife’s  support 31n 

I. 

IDIOTS,  &c. 

Marriage  of  affecting  settlement 2,  11,  74 

May  be  sent  to  state  almshouses 41 

How  discharged  from  State  Lunatic  Hospital 50 

Acts  for  relief  of,  1694 162 

1708,  1736,  1776  163,  164 

Confinement  of,  1836,  1838 171 

1842,  1854 172,  174 

Acts  relating  to,  1856 175 

1862,  1865 179,  181 

(See  Almshouses,  State,  Insane  Persons,  Lunatics,  State 
Lunatic  Hospital.) 

IDLE  PERSONS,  &c. 

Acts  respecting,  1633,  1668,  1682,  1736,  1741 162,  163 

1856 176 

(See  Rogues.) 

INCOME. 

Settlement  gained  by  having  estate  of  certain,  &c . 6,9,  57 

Decisions  as  to 77 

INCORPORATION 

Of  town,  &c.,  settlement  gained  by 10,  57,  58 

Decisions  as  to 78 

Of  Overseers  of  the  Poor  in  Boston.  — (See  that  Title.) 

INDIANS. 

As  to  the  settlement  of 4,  n.,  73 

Acts  concerning,  1862,  1863 179 

INDIGENT  BOYS. 

(See  Boston,  &c.,  Children,  Overseers  op  the  Poor  in  Boston.) 
INFANT  SCHOOL  SOCIETY 

Of  the  City  of  Boston,  Act  to  incorporate,  1829 169 


226 


INDEX. 


INSANE  PERSONS. 

Marriage  of,  affecting  settlement 2,  11,  79 

How  committed  to  State  Lunatic  Hospital,  &c 46,  47 

Pauper,  may  be  sent' to  Hospital  by  Overseers  of  the  Poor 48 

Harmless  incurable,  how  discharged  from  State  Lunatic  Hospital . . 44 

May  be  re-committed  for  cause 50 

How  removed  from  State  Lunatic  Hospital 50 

Provisions  as  to 51  n. 

Acts  concerning,  1694,  1708... 162,  163 

1736,  1776 163,  164 

1836,  1838 171 

1842,  1854 172,  174 

1859,  1862  178,  179 

1864,  1866  180,  181 

Removal  of,  &c.  1848 173 

In  Boston,  1857 176 

(See  Almshouses,  State,  Idiots,  Lunatics,  State  Lunatic 
Hospital.) 

IRELAND,  MARY. 

Legacy  and  devise  of 125 

J. 

JAIL.  (See  Commitments,  Expenses,  House  of  Correction.) 

JEPFRIES,  DAVID. 

Devise  of 131 

Opinion  of  City  Solicitor  as  to 132,  n. 

JONES,  JOHN  COFFIN. 

Legacy  of 141 

JUDGMENT  AND  EXECUTION. 

Of,  Act  of  1835 170 

JUVENILE  OFFENDERS. 

In  Boston,  Act  concerning,  1826 168 

“ United  States  Courts 182 

Act  concerning,  1865 180 

(See  House  for  the  Reformation,  &c.) 

K. 

KINDRED. 

What,  bound  to  support  poor  persons 29 

Superior  Court  may  assess  for  past  and  future  expenses,  &c 29 

Costs  thereof  how  taxed 29 

Court  may  order  with  whom  of,  pauper  shall  live 30 

Proceedings  on  complaints  against 30 

Other  than  those  named  may  be  summoned 30 

Court  may  make  new  orders  concerning 30 

Liability  of  for  pauper’s  support,  decisions  as  to 85 


INDEX. 


227 


I*AOE 

L. 

LEAVITT,  JONATHAN. 

Pauper  Laws  of  Massachusetts 2 

Five  different  periods  of  settlement,  between  1692  and  1810, 

fixed  by . . 2 

(See  Settlement.) 

LEWD  PERSONS. 

(See  Rogues.) 

LIMITATION. 

Of  actions  by  apprentices,  &c 54 

LUNATICS. 

Marriage  of,  affecting  settlement 2,  11,  74 

Dangerous,  not  to  be  sent  to  state  almshouses 41 

Inmates  of  state  almshouses  becoming,  may  be  sent  to  State 

Lunatic  hospitals 41 

In  State  Lunatic  Hospital,  expense  of  burial,  &c.  of,  how  paid...  51 

Remedy  of  towns  for  expenses  of 51 

State  pauper,  may  be  sent  home 44 

Expense  of  how  paid,  &c 68 

Acts  relating  to,  1849,  1854 173,  175 

Claims  for  support  of,  decisions  as  to 97 

Acts  concerning,  1837,  1839,  1841 171,  172 

1856,  1858 175,  176 

1859 178 

(See  Almshouses,  State,  Idiots,  Insane  Persons,  State 
Lunatic  Hospital.) 


MARRIAGE. 


M. 


Settlement  gained  by 2,  4,  5,  8,  11,  56 

Decisions  as  to 74 

Settlement  by,  evidence  of  insanity,  &c.  to  defeat,  excluded,  &c. ..  11 

Of  father  of  bastard,  &c 11 

MARRIED  WOMEN. 


Settlement  of,  how  gained 2,  4,  5,  8,  11,  56 

Decisions  as  to 74 

(See  Husband,  Wives.) 

MASON,  JONATHAN. 

Legacy  of 139 

MASSACHUSETTS  CHARITABLE  EYE  AND  EAR  INFIRMARY. 

Act  to  incorporate,  1827  168 

MASSACHUSETTS  GENERAL  HOSPITAL. 

Act  to  incorporate,  1811 166 

In  addition  to,  1813 116 

MASTERS. 


Complaints  against,  &c.  where  filed,  &c 53 

Remedy  of  apprentices,  &c.  against  for  breach  of  covenant 53 


228 


INDEX. 


PAGE 

MASTERS,  Continued. 

By  whom  suits  against  may  be  brought  for  apprentices,  &c 53 

Apprentices,  &c.  discharged  by  death  of 55 

To  give  bonds,  &c 55 

Bonds  by,  how  to  be  preserved,  &c 56 

Apprentices  and  servants,  of,  1835 170 

Apprentices  and  servants,  of,  1859,  1865 178,  181 

(See  Apprentices.) 

MINISTERS  OF  THE  GOSPEL. 

Ordained,  &c.  settlement  gained  by 9,  57 

Decisions  as  to 78 

MINORS. 

Minors  may  be  bound  as  apprentices,  &c 51,  52 

Entitled  to  money  received  for  services  as- such 52 

Not  to  be  bound  apprentices,  &c.  without  bonds,  &c 55 

(See  Apprentices,  Children.) 


N. 

NEEDLE  WOMAN’S  FRIEND  SOCIETY. 

Act  to  incorporate,  1851 173 

NOTICE. 

As  to  removal  of  paupers 32 

Removal  of  insane  persons  to  State  Lunatic  Hospital 47 


Decisions  as  to,  in  suits  by  towns  v.  towns  for  support  of  paupers  93 


0. 

OATH. 

Of  Overseers  of  the  Poor Ill,  n. 

OFFENCES. 

Against  chastity,  &c.,  of,  1859 178 

OFFENDERS.  • 

(See  Criminal,  Juvenile,  &c.) 

OLIVER,  DANIEL. 

Devise  of 121 

Petition  of  overseers  for  leave  to  sell  estate  given  by 122 

Resolve  of  legislature  authorizing  sale  of  estate  given  by 123 

ORDER. 

As  to  Central  Relief  Building vii.,  115 

ORDINANCE. 

As  to  Overseers  of  the  Poor  in  Boston 112 

OVERSEERS  OF  THE  POOR. 

Elected  in  Massachusetts  at  a very  early  period 13 

Their  powers 14 

Care  of  poor,  &c.  committed  to 13,  15,  16 

Created  in  England  in  1601 13,  n.  2 

Their  duty 14,  n.  2 


INDEX.  229 

OVERSEERS  OF  THE  POOR,  Continued. 

Functions  of  defined  by  St.  of  1793,  c.  59  15 

Since  1793 16 

Provision  as  to  choice  of,  in  1692 18 

Duties  of,  under  Acts  of  1692  and  1720 18,  19 

By  St.  of  1793,  and  Gen.  Sts.,  to  see  that  the  poor  are  relieved, 

supported,  and  employed 15,  29 

To  bind  out  poor  children 15,  25 

To  provide  for  strangers,  and  for  their  burial  if  they 

die 16,30,  31 

By  St.  of  1793,  to  bind  out  or  set  to  work  idle  adults 15 

This  authority  since  superseded 16 

To  bind  out  persons  liable  to  be  sent  to  House  of  Correction  15 

To  proceed  against  houses  of  ill-fame 15 

Powers  and  duties  of 28,  29 

Power  of  over  persons  placed  under  their  care 29 

May  prosecute  or  defend  in  legal  proceedings 33 

May  sell  estate  of  deceased  paupers  to  pay  expenses 33 

When  to  perform  duties  of  Superintendent  of  Alien  Passengers. . . 44 

May  compromise  complaints  for  bastardy  with  consent,  &c 46 

May  bring  suits  against  masters  for  apprentices,  &c. 53 

Dead  bodies  maybe  given  to  physicians  by,  when 60,  61 

Notice  as  to  death  of  persons  to  be  buried  at  public  expense  to  be 

given  to 61 

Assent  of  to  sale  of  land  by  guardians,  except  in  case  of  minors, 

required 65 

Removal  of  persons  likely  to  become  paupers  to  be  provided  for  by,  16 

Of  paupers  by 32 

Of  insane  paupers  by,  to  State  Lunatic  Hospital 48 

Returns  as  to  paupers  to  be  made  to  Secretary  of  the  Common- 
wealth by,  of  places  other  than  Boston 33 

And  pauper  children 35 

Secretary  to  furnish  blanks  for 36 

Penalty  for  not  making 36 

Secretary  to  prepare  abstract  of 36 

Acts  concerning  returns  or  reports  by,  1837,  1841,  1844  171,  172 

1862 179 

L864 180 

Decisions  as  to 71 

Acts  concerning 162 

(See  Overseers  of  the  Poor  in  Boston.) 

OVERSEERS  OF  THE  POOR  IN  BOSTON. 

How  elected  under  the  town  government 17 

Earliest  reference  to  on  town  records 18 

Choice,  powers,  &c.  of,  Act  of  1735 99,  163 

Twelve  overseers  to  be  chosen 101 

Jurisdiction  and  duties  of 101-103 


230 


INDEX. 


PAGE 

OVERSEERS  OF  THE  POOR  IN  BOSTON,  Continued. 

How  composed,  elected,  removed,  and  vacancies  filled Ill 

Organization  and  officers  of,  &c Ill,  112 

Should  be  sworn  — opinion  of  City  Solicitor Ill,  n. 

Former  members  to  hold  office  until  others  elected '.Ill,  112 

Incorporation  of  in  1772 20,  103 

Purposes  and  powers  of  corporation 21 

Acts  concerning,  &c 103—112 

As  a corporation,  estates,  &c.  vested  in 104 

Not  to  hold  more  than  £60,000 104 

As  a corporation  to  have  perpetual  succession 104 

May  hold  real  estate,  &c 104 

And  have  common  seal,  make  by-laws,  choose  officers,  &c. . . 105 
All  instruments  by  said  corporation,  &c.  and  acts,  &c.  by  a 

majority,  binding 105 

Incorporated  with  Oliver  Wendell  and  others,  as  Trustees 

of  Boylston’s  Donations 105 

Act  in  addition  thereto 107 

And  authorized  to  bind  out  poor  beneficiaries 107 

(See  Boylston,  John.) 

Incorporation  of,  petition  for,  — and  organization 126-128 

Number  of,  after  1692,  varied..; 19 

Opinion  of,  as  to  dividing  the  town  into  twelve  wards,  asked 19 

Reported  in  favor  thereof 19 

Appointed  a committee  to  project  such  division 19 

Reported  a division,  their  report  accepted,  and  the  town  of 

Boston  divided  into  twelve  wards 20 

Position  of,  prior  to  Act  of  April  2,  1864 23 

After  said  Act 23 

To  provide  for  support  of  poor  who  cannot  be  removed,  &c 23 

May  grant  partial  relief  to  poor  at  their  own  houses,  &c 23 

To  see  that  poor  are  supported  in  House  of  Industry,  &c 23 

Rights  of,  as  to  House  of  Industry 23 

May  be  removed  for  cause 23 

Are  directly  accountable  to  the  city 23 

Rights  of  in  the  expenditure  of  moneys  appropriated  by  the  city  . . 28 

Opinion  of  City  Solicitor  as  to 28 

Powers  and  duties  of  transferred,  &c 99,  n. 

Power  of  as  to  surrendering  indigent  boys  to  Boston  Asylum,  &C.108,  109 

Duties,  rights,  obligations  of,  &c.  by  Act  of  1864 110 

Not  to  be  interested  in  contracts,  &c.  unless,  &c 112 

To  keep  books,  and  form  of,  for  invested  funds 113 

Books,  &c.  of  may  be  examined  by  Mayor,  &c 113 

To  keep  books  with  full  accounts  of  applicants  — form  of 113 

Books  of,  to  be  examined  monthly  by  Committee,  &c 114 

Investments  of  to  be  examined  semi-annually,  &e 115 

Accounts,  &c.,  of,  to  be  examined  by  Board  of  Auditors 109 


INDEX. 


231 


PAGE 

OVERSEERS  OF  THE  POOR  IN  BOSTON,  continued. 

Committee  of  City  Council  on,  to  be  appointed 112 

Duties  of 113 

Reports  by  to  City  Council 112,  114 

Annual  to  be  made 114 

Building  for,  orders  of  City  Council  as  to vii.,  115 

Records  of,  extracts  from,  as  to  “A.  B.” 117-121 

As  to  Mrs.  Blackader’s  gift 123 

Other  gifts,  &c 124 

Petition  for  incorporation 126 

Organization 128 

Donation  of  Anne  Wheelwright 128 

Trust  funds  in  hands  of  Treasurer  of 146 

Statement  of  investment  of 147 

By-Laws  of 148 

Names,  and  terms  of  office,  of 151 

Standing  committees  of 151 

Term  of  office  of 151  n. 

List  of,  from  1691  to  1866,  inclusive  158 

Treasurers  of,  from  1760  to  1866,  inclusive 161 

City  documents  for  reference  by 183 

Annual  appropriations  for 194 

Against  Sears,  opinion  of  Court  in  case  of 71,  100  n.,  105  n. 

Ordinance  as  to 112 

Acts  concerning,  1735,  1772 99,  103 

1803,  1814 105,  107 

1862,  1864  109,  110,  179,  180 

(See  Overseers  of  the  Poor.) 

P. 

PARENTAGE. 

Settlement  gained  by 2,  4,  5,  8,  11 

Decisions  as  to 74,  75 

PARENTS. 

To  inquire  into  treatment  of  children  bound,  &c 52 

And  children,  of,  1835 . 170 

PAUPERS. 

Settlement  of,  order  as  to,  in  1639 * 1 

Rules  to  determine  established,  &c 1,  2 

Bringing  into  and  leaving  in  any  place  where  not  settled,  penalty 

for 33,  208 

Decisions  as  to 96 

Parties  bringing  into  State  liable  for  support  of 208 

To  give  bond,  &c 208 

Having  no  settlement  in  this  Commonwealth,  Act  as  to,  1852... . ..  174 

Support  of  derived  from  the  Commonwealth,  when 2,  12 

By  such  kindred  as  Court  may  order. 30 

C 


232 


INDEX, 


PAGE 

PAUPERS,  continued. 

Support  of,  liability  of  kindred  for,  decisions  as  to 85 

(And  see  Kindred.) 

Towns  liable  to  individuals  for 32 

Paupers  not  liable  to  action  for 31  n. 

Lunatic,  decisions  as  to  claims  for 97 

Parties  bringing  into  State  liable  for,  when 208 

Acts  concerning,  1835 170 

1855,1859 175,  178 

Accounts  for,  1851 173 

Expenses  of,  Overseers  may  sell  estate  of  deceased  to  pay 33 

Supporting  in  House  of  Industry,  remedy  of  City  for 64 

Deceased,  Act  relating  to  effects  of,  1837 171 

Estates  of,  1858 176 

Removal  of,  early  provision  for  cost  of 2 

By  Overseers  of  the  Poor 32 

Proceedings  in  such  case 32 

Notification,  &c.,  by  mail 32 

Insane,  to  State  Lunatic  Hospital,  by  overseers 48 

Decisions  as  to 96 

Meaning  of,  decisions  as  to 24  n.,  72 

Returns  concerning,  by  overseers,  in  places  other  than  Boston, 

to  Secretary  of  the  Commonwealth 33 

And  concerning  pauper  children 35 

In  relation  to 34,  35 

Certain  returns  to  be  made  semi-annually  by  directors, 

&c.  and  overseers,  in  Boston  and  elsewhere,  in 

March  and  October 38 

Form  of 39 

An/3  annually  in  October 39 

Convict,  discharged,  to  be  removed  to  almshouse  when 42 

To  place  of  settlement,  if  in  this  State 42 

Foreign  may  be  carried  where  they  belong 43 

Acts  concerning,  1820,  1831 167,  169 

Accounts  for  supporting,  Act  in  relation  to,  1849  173 

Acts  concerning 162 

State,  sick,  may  be  sent  to  hospital 40 

May  be  sent  out  of  State 43 

Act  concerning  removal  of,  1860 179 

Lunatic,  may  be  sent  home 44 

Expense  of,  how  paid  and  at  what  rate 68 

Acts  relating  to,  1849,  1854 173,  175 

Support  of,  husband  of  town  pauper,  with  wife,  &c 42,  207 

Expense  of,  payment  of 42,  208 

Decisions  as  to  claims  for 98 

Acts  relating  to,  1820,  1821,  1831 167,  169 

Accounts  for,  1851 173 


INDEX. 


233 


PAUPERS,  continued. 

State,  allowance  for  expenses  on  account  of 42 

Accounts  of  towns,  &c.,  on  account  of.  how  audited,  &c.. ..  43 

Establishments  for,  Acts  relating  to,  1853,  1854 174,  175 

Acts  concerning,  1823 1G7 

1851,  1852,  1855 174,  175 

1856,  1857 176 

1859,  1861 177,  178,  179 

1866 181,  182,  207,  208 

(See  Almshouses,  State,  Poor.) 

PEMBERTON,  BENJAMIN. 

Legacy  of 128 

Extract  from  account  of  executors  of  will  of 129 

PHYSICIAN  AND  SURGEON. 

(See  Dead  Bodies,  Soldiers.) 

.PLACE. 

Settlement  gained  by  incorporation  of  unincorporated, 10 

Decisions  as  to 78 

Unincorporated,  poor  of,  Act  concerning,  1837 171 

POOR. 

Support  of  by  towns 28 

By  kindred 29 

(And  see  Kindred.) 

Accounts  for,  Act  as  to,  1799 166 

Acts  concerning,  1764,  1770,  1794 163,  165 

1829,  1834  169 

Of  Boston,  Act  for  employing,  &c.  1735 99,  163 

May  be  bound  out  by  whom 107 

Extracts  from  Records  of  Boston  as  to 185 

Removal  of,  Acts  relating  to,  1767,  1772,  1794 164,  165 

1829,  1834  169 

From  Marshpee,  1796 165 

Acts  concerning,  1639,  1659,  1674,  1675,  1720 162,  163 

Of  unincorporated  places,  1837. 171 

(But  see  Paupers.) 

POOR  DEBTORS. 

(See  Bastardy,  Convict,  Poor  Prisoners.) 

POOR  DEBTOR’S  OATH. 

By  defendant  in  bastardy  process 46 

PRISONERS. 

Acts  concerning  poor,  1787,  1789,  1791 164,  165 

1818,  1820,  1821 167 

1835,  1866 170,  182 

Maintenance  of,  &c.  1839 171 

(And  see  Convict.) 

PRISONS. 

(See  Commitments,  Expenses.) 


234 


INDEX. 


PAGE 

PUBLIC  BUILDINGS, 

&c.,  of  the,  1835 170 

PUBLIC  CHAKITIES. 

Acts  relating  to,  1847,  1859 ....  173,  178 

(See  Almshouse,  Board  of  State  Charities,  Public  Institu- 
tions, &c.  &c.) 

PUBLIC  INSTITUTIONS. 

Board  of  Directors  for,  powers  and  duties  of 99  n. 

Act  to  establish,  1857 176 

Act  concerning,  1858 177 

Charitable,  &c.  of  Commonwealth,  Acts  concerning,  1859 177 

1863,  1864 179,  180 


(See  Almshouse,  House  of  Correction,  House  of  Industry.) 


Q. 

QUICK,  ALICE. 

Legacy  of.... 124 

E. 

REMOVAL. 

Of  paupers,  provision  for  cost  of  in  1767  &c 2 

By  Overseers  of  the  Poor 32 

Decisions  as  to 96 

Acts  as  to,  1767,  1772,  1794 164,  165 

1829,1834, 169 

Prom  Marshpee,  1796 165 

Of  Poor  to  House  of  Industry 23 

Children  to  almshouse  by  Overseers 29 

State  paupers  to  state  almshouses 40 

Idiots  to  state  almshouses 41 

Lunatics  from  almshouse  to  hospital 41 

Who  are  state  paupers 44 

Insane  paupers  to  hospital. 48 

Insane  persons,  Act  concerning,  1848 173 

Foreign  paupers 43 

Dead  bodies  without  right,  how  punished 62 

House  of  Industry  to  Deer  Island  in  1853 62,  n. 

(See  Notice.) 

REPORTS. 

Directors  of  House  of  Industry  to  make 63 

Annual  to  be  made  by  Board  of  State  Charities  for  Legislature. . . 67 

Overseers  of  the  Poor  in  Boston  to  make  to  City  Council. ...  112,  114 

Annual  to  be  made  by  said  Overseers 114 

Towns  to  make  annual,  concerning  aid  to  soldiers,  &e 199 

(See  Returns.) 

RESIDENCE. 

Settlement  gained  by,  &c 3,  7,  11,  58 

Decisions  as  to. 73,  82 


INDEX. 


235 


PAGE 

RETURNS. 

Of  commitments  to  prisons,  &c.,  to  be  made 37 

Of  expenses,  &c.,  of  prisons,  &c.,  to  be  made  annually 37 

To  sheriff  of  certain  expenses  by  County  Commissioners 38 

Penalty  for  neglecting 38 

By  Board  of  Directors  &c.  in  Boston,  and  overseers  in  other 
places,  to  Secretary  of  the  Commonwealth,  of  statements  re- 
specting paupers 33 

As  to  paupers  to  be  made  semi-annually 38 

Porm  of 39 

Annual  to  be  made  in  October 39 

(See  Reports.) 

ROGUES,  &c. 

Acts  concerning,  1699 162 

1770,  1788 164 

1798,1823 165,  167 

1825,  1827,  1837 168,  171 

S. 

SAILORS. 

Act  concerning  families  of,  &c.,  1864 180 

(See  Soldiers.) 

SAILORS’  SNUG  HARBOR  OE  BOSTON. 

Act  to  incorporate,  1852 174 

SAMARITAN  ASYLUM. 

For  indigent  children,  Act  to  incorporate,  1835 169 

SCHOOL. 

(See  State  Industrial  School,  State  Primary  School,  State 
Reform  School.) 

SCOLLAY,  JOHN. 

Donation  of 124 

SEAMEN’S  AID  SOCIETY. 

Act  to  incorporate,  1845 172 

SEARS,  DAYID. 

Overseers  of  the  Poor  of  Boston,  against 71,  100  n.,  105  n. 

“Fifty  Associates’  Charity,”  founded  by 142 

Ledger  balances  of  *■ 146 

“ Searstan  Charter-House,”  established  by 143 

Officers  of 152 

Term  of  office  of »152  n. 

SELECTMEN. 

Settlement  gained  by  approbation  of 5 

When  to  act  as  Overseers  of  the  Poor.. 14,  15 

Act  concerning,  1736  163 

SERVANTS. 

(See  Apprentices.) 


236 


INDEX. 


SETTLEMENT. 

Of  Paupers,  order  as  to,  in  1639 1 

Rules  to  determine  have  varied 1,  2 

Of  Indians 4,  73 

Five  periods  of,  from  1692  to  1822 . . ..2-11 

In  the  first,  from  1692  to  1701,  settlement  gained, 

1.  By  Marriage 2 

2.  “ Parentage 2 

3.  “ Birth 3 

4.  “ Slavery 3 

5.  “ A residence  of  three  months  without  warning. . 3 

In  the  second,  from  1701  to  1767,  settlement  gained  in  seven 

modes  : 4 

1st,  2d,  3d,  and  4th,  same  as  in  first  period 4 

5.  By  twelve  months’  residence  without  warning  ....  4 

6.  “ Approbation  of  the  town 5 

7.  “ “ “ Selectmen 5 

In  the  third,  from  1767  to  1789,  settlement  gained, 

1 . By  Marriage 5 

2.  “ Parentage,.... 5 

3.  “ Slavery 5 

4.  “ Approbation  of  the  town 5 

In  the  fourth,  from  1789  to  1794,  settlement  gained, 

1.  By  being  seised  of  an  estate  of  freehold,  &c 6 

2.  “ Residence  and  payment  of  a town  tax,  &c ... . 7 

3.  “ A residence  of  two  successive  years  without 

warning 7 

4.  “ Vote  of  the  town,  and  subsequent  residence  ..  8 

5.  “ Marriage * 8 

6.  “ Parentage 8 

In  the  fifth,  from  1794  to  1822,  settlement  gained, 

1.  By  Marriage 8 

2.  “ Parentage 8 

&.  “ Having  an  estate  of  freehold,  &c.  of  annual 

income  of  £ 3,  &c 9 

4.  “ Having  an  estate  of  annual  income  of  £3, 12s.  &c.  9 

5.  “ Serving  one  year  as  town  officer 9 

6.  “ Being  settled,  &c.  as  a minister  of  the  gospel  9 

7.  “ Being  admitted  an  inhabitant  by  a town  at  a 

legal  meeting,  &c 9 

8.  “ The  incorporation  of  an  unincorporated  place  10 

9.  “ The  division  of  towns  or  districts 10 

10.  “ Serving  an  apprenticeship  and  setting  up  a 

trade 10 

11.  By  Residing  ten  years  in  a town  and  paying 

taxes,  &c 11 

For  decisions  bearing  upon  the  acquisition  of  settle- 
ments during  these  periods,  see  Digest  of  Decisions . 73-84 


INDEX. 


237 


PAGE 

SETTLEMENT,  continued. 

Gained  under  Act  of  1822  by  having  and  living  on  estate  of  free- 
hold, &c.,  three  years,  (no  value  specified) 11 

By  marriage,  evidence  of  insanity,  &c.,  to  defeat,  excluded  by  G.  S. 

c.  107,  § 2,  in  suit  for  support  of  pauper 11 

Of  illegitimate  children,  governed  by  settlement  of  father,  after 

marriage  and  acknowledgment 11 

Not  to  be  disputed  after  recovery  in  action  for  expenses 31 

How  acquired  — By  married  women 5G 

Decisions  as  to 74 

By  legitimate  children 56 

Decisions  as  to 74 

By  illegitimate  children 57 

Decisions  as  to 75 

By  living  on  freehold  estate 57 

Decisions  as  to 76 

By  being  assessed 57 

Decisions  as  to 77 

By  serving  one  year  in  town  offices 57 

Decisions  as  to 78 

By  being  settled  as  minister 57 

Decisions  as  to 78 

By  being  admitted  an  inhabitant  by  vote 57,  73 

By  incorporation  of  an  unincorporated  place 57 

By  division  or  incorporation  of  town 58 

Decisions  as  to 78 

By  serving  apprenticeship  four  years,  &c 58 

By  residence  and  paying  taxes 58 

Decisions  as  to 82 

By  approbation  and  not  being  warned  out  — decisions 73 

By  slavery  — decisions 76 

By  military  or  naval  service 12,  59,  180,  182,  212 

Provision  for  persons  who  had  begun  to  acquire 59 

To  continue  until  lost  or  defeated,  &c 11,  59 

Who  can  acquire,  decisions  as  to 72 

How  acquired  or  lost,  decisions  as  to 73-85 

How  prevented  by  being  relieved  as  a pauper  — decisions 84 

How  lost  when  once  acquired  — decisions 84 

Acts  as  to,  1789,  1791,  1792,  1793,  1794 165 

1822,  1835 167,  170 

1859 178 

SHERIFFS. 

Act  concerning,  1812 166 

SLAVERY. 

Settlement  gained  by 3 

Decisions  as  to 76 

SLAVES. 

Settlement  of,  and  decisions  as  to 3,  76 


238 


INDEX. 


PAGE 

SMALL  POX,  &c. 

Persons  infected  with,  not  to  be  sent  to  state-almshouses 44 

How  cared  for,  &c 44 

Expense  thereof  how  paid 44 

Penalty  for  sending  to 44 

SOCIETY. 

For  employing  the  Female  Poor,  Act  to  incorporate,  1821 167 

Of  Boston  and  vicinity  for  the  Aid  of  German  Immigrants,  Act  to 

incorporate,  1848 173 

Concerning,  1866 181 

For  the  Belief  of  Aged  and  Destitute  Clergymen,  Act  to  incorpo- 
rate, 1850 173 

(See  Boston.) 

SOLDIERS  AND  SAILORS. 

Disabled,  Act  concerning,  1866 181,  196 

Monthly  pay  by  towns  to,  &c 196 

Killed,  &c.,  monthly  pay  to  widows,  &c.  of 197 

Aid  to,  &c.  when  not  to  be  given 198,  199 

How  paid  — not  assignable,  &c 198 

Commission  to  decide  as  to 198 

Annual  report  of  to  be  made  by  towns 199 

State  to  reimburse  towns  for 199 

Towns  to  notify  other  towns  as  to,  when,  &c 199 

Oath  to  certain  facts  necessary  for 200 

Towns  furnished  with  blanks  for  applicants  for 200 

Captured,  &c.  wife  of,  &c.  when  entitled  to  aid 200 

Towns  may  raise  money  for  aid  to,  &c 200 

When  aid  to,  &c.  shall  commence 201 

Credited  to  this  State,  entitled  to  aid  when 201 

Act  in  aid  of,  &c.  how  long  to  be  in  force 201 

Disabled,  claiming  State  aid,  to  be  examined 209 

Certificates  of  Surgeons  as  to,  conclusive,  &c 209 

Fee  of  Surgeons  for  examining 209 

Penalty  for  making  false  certificates  as  to 209 

May  appeal  from  Surgeon  to  Commission 209 

Provisions  of  Act  as  to,  &c.  extended 210 

(See  Sailors,  State  Aid,  Towns,  Volunteers.) 

SOUTH  BOSTON  SAMARITAN  SOCIETY. 

Act  to  incorporate,  1852 174 

STATE  AID. 

Disabled  soldiers,  &c.  claiming,  to  be  examined,  &c 209,  210 

Acts  relating  to,  1865 180 

1866 181,  182,  209 

(See  Soldiers  and  Sailors,  Volunteers.) 

STATE  ALMSHOUSES. 

(See  Almshouse.) 

STATE  CHARITIES. 

(See  Board  of  State  Charities,  Public  Charities.) 


INDEX. 


239 


STATE  CONSTABLES. 

May  serve  process  under  Pauper  and  Bastardy  Laws 213 

STATE  INDUSTRIAL  SCHOOL. 

For  Girls,  Acts  relating  to,  1856,  1858 176 

For  Girls,  Acts  relating  to,  1859 177,  178 

1863,  1864,  1865 179,  180,  181 

STATE  LUNATIC  HOSPITAL. 

Insane  person,  how  committed  to 46 

Notice  necessary  to  commit  to 47 

And  certificate  of  two  physicians,  &c 47  n. 

May  have  trial  and  jury,  when  and  how 47 

Fees  and  expenses  thereof 47 

Pauper,  may  be  sent  to  by  Overseers 48 

Expenses  of,  for  support  of  inmates  having  settlements  in  this  state, 

how  paid 48 

How  paid  when  inmates  have  no  settlement  in  this  state. . . . 48 

Rate  of  charge  for  lunatics  in 48,  49 

Harmless  incurable  insane,  how  discharged  from 49 

May  be  re-committed  for  cause 50 

Other  insane  and  idiots,  how  discharged  or  removed  from 50 

When  crowded,  trustees  may  remove  whom 50,  n. 

Expense  of  clothing,  burial,  &c.  of  lunatics  in,  how  paid 51 

Remedy  of  towns  for  expenses  of  lunatics  sent  to 51 

Acts  concerning,  1834,  1835 169,  170 

1853,1856,1857 174,  176 

1858,  1859 177,  178 

1862,  1864, 1865 179,  180,  181 

(See  Idiots,  Insane  Persons,  Lunatics.) 

STATE  PAUPER. 

(See  Almshouse,  Husband,  Pauper,  State  Lunatic  Hospital, 
State  Primary  School,  Workhouse.) 

STATE  PRIMARY  SCHOOL. 

For  dependent  and  neglected  children,  Act  to  establish,  1866,  181,  205 

Established 205 

Rules  and  officers  of,  and  their  pay 205 

Children  from  Almshouses  to  be  sent  to,  and  how 206 

Reform  School  may  be  sent  to,  when 206 

Places  in  families  to  be  found  for  children  in,  &c. 207 

Powers  of  Board  of  State  Charities,  &c.  as  to 207 

Appropriation  for  and  expenses  of,  &c 207 

STATE  REFORM  SCHOOL. 

For  Boys,  Act  to  establish,  1847  172 

Additional  to,  1850 173 

Relating  to,  1856 176 

1859  177,  178 

For  Girls,  Act  to  establish,  1855 175 

To  change  name  of,  1856 175 

(See  Workhouse.) 

D 


240 


INDEX. 


PAGE 

STATE  WORKHOUSE. 

(See  Workhouse.) 

STEVENS,  MARTHA. 

Legacy  of 131 

STRANGER. 

Overseers  may  provide  for  immediate  relief  of  indigent 30 

Expenses  thereof  may  be  recovered  of  the  place  liable 

therefor 30 

May  be  recovered  of  husband  of  wife  relieved 31,  n. 

Not  recoverable  of  person  relieved 31,  n. 

Recovery  of  establishes  settlement 31 

Extent  of  liability  of  place  bound  to  support 31 

Proviso 31 

Overseers  to  support,  and  in  case  of  decease  to  bury 31 

Compensation  therefor 31 

Burial  of,  (See  Coroner.) 

SUPPORT. 

Of  paupers  derived  from  the  Commonwealth,  &c . 1,  2 

Having  no  settlement,  by  the  State 12 

In  state  almshouse,  towns  liable  for 41 

Actions  for 85 

Parties  bringing  into  the  State,  liable  for  when 208 

Acts  concerning,  1835, 1855,  1859 170,  175,  178 

Settlement  of  certain  accounts  for,  1849 173 

Sale  of  effects  of  deceased  paupers,  to  reimburse 

expenses  of,  1837 171 

And  of  their  real  estate,  1858 176 

Of  state  paupers,  Act  concerning,  1831 169 

Accounts  for,  1851 173 

Of  prisoners,  in  jails  and  houses  of  correction,  Act  concerning, 

1839 171 

Of  poor  strangers  provided  for 1,  16,  30,  31 

Of  poor  by  towns 28 

Of  sick  state  paupers  at  hospital,  allowance  for 42 

Of  husband  of  town  pauper  with  wife,  &c 42,  207 

Payment  of  expense  of 42,  208 

Of  lunatic  and  state  paupers,  decisions  as  to  claims  for.... 97,  98 

Of  wives,  &c,  Act  as  to,  1855 175 

Liability  of  husbands  for 31  n.,  85,  88 

SURGEON. 

(See  Dead  Bodies,  Soldiers.) 

SWETT,  SAMUEL. 

Donation  of 141 

T. 

TAXES. 

Payment  of,  &c.  settlement  gained  by ' 7,  11,  58 

Decisions  as  to 76,  82 


INDEX. 


241 


PAGE 

TEMPORARY  AID. 

(See  Stranger.) 

TOWN  OFFICER. 

Settlement  gained  by  serving  as,  &c 9,  57 

Decisions  as  to 78 

TOWNS. 

Settlement  gained  by  approbation  of,  or  of  selectmen  of 5 

Decisions  as  to....: 73 

By  vote  of,  &c 8 

By  admission  as  inhabitant  by,  &c 9,  57 

By  incorporation  or  division  of 10,  57,  58 

Decisions  as  to 78 

To  support  poor,  &c 15,  28 

May  raise  money  therefor 15 

May  choose  Overseers  of  the  Poor 15,  19 

Liable  to  individuals  for  relief  of  paupers 32 

May  send  state  paupers  to  state  almshouses 40 

To  take  charge  of  paupers  when  state  almshouses  are  full,  until, 

&c 41 

Liable  for  support  of  their  paupers  in  state  almshouses 41 

Aid  by,  to  persons,  &c.,  who  have  done  military  or  naval  service, 

&c 60, 196-201 

Annual  report  of,  to  be  made 199 

To  be  reimbursed  by  State  for 199 

To  notify  other  towns  as  to,  when,  &c 199 

Furnished  with  blanks  for  applicants  for 200 

May  raise  money  for,  &c 200,  201 

Accounts  of,  for  support  of  state  paupers,  how  audited,  &c 43 

Remedy  of  for  expenses  of  lunatics  sent  to  hospital 51 

Claims  of  individuals  against  for  relief  of  paupers, decisions  as  to,  85 

Towns  against  individuals 88 

Towns  against  towns 88 

Decisions  as  to  pleadings,  &c.  therein 88 

The  notice 93 

Estoppel 95 

Neglected  children,  &c.,  provided  for  by 210 

May  make  by-laws  respecting 211 

To  appoint  persons  to  make  complaints  concerning,  &c 211 

Acts  for  regulating  of,  and  choice  of  officers  of,  &c.,  1692 162 

1777,  1786 164 

Respecting  their  powers,  &c.,  1660,  1670,  1671,  1679 162 

1835,  1859 170,  178 

As  to  admission  of  inhabitants  of,  1701,  1724,  1736,  1739..  163 
Concerning,  1820,  1821 167 

TRADE. 

Settlement  gained  by  setting  up,  &c 10,  58 

TREASURER. 


Statement  by  of  Trust  Funds  in  hands  of  Overseers 146,  147 


242 


INDEX, 


PAGE 

TREASURERS. 

List  of,  from  1760  to  1866 161 

TRUSTEES. 

Competency  of  corporation  to  act  as 140,  n. 

Of  charitable  funds,  &c.  Acts  concerning,  1855 175 

1864,  1866 180,  181 

Of  Poor’s  Pund  in  Charlestown 168 

(See  Boylston,  John.) 

TRUST  FUNDS. 

Held  by  Overseers  in  Boston ,.20,  21,  23,  116,  146,  147 

V. 

VACCIATION. 

Act  concerning,  1855 • • • • 175 

VAGABONDS. 

Acts  concerning,  1662,  1866 162,  181 

(See  Rogues.) 

VOLUNTEERS. 

Acts  concerning  families  of,  &c.  1863, 1864 179 

1866 181 

(See  Soldiers  and  Sailors,  State  Aid.) 

w. 

WARD. 

(See  Guardian.) 

WARNING. 

Settlement  gained  by  residence  without 3,  7 

Decisions  as  to 73 

WHEELWRIGHT,  ANNE. 

Donation  of 128 

WIDOW’S  SOCIETY  IN  BOSTON. 

Incorporated,  1828 168 

WIVES. 

Act  as  to  maintenance  of,  &c.  1855 175 

Liability  of  husband  for 31  n.,  85,  88 

(See  Husband,  Married  Women.) 

WORKHOUSE. 

Poor,  idle,  &c.  to  be  employed,  &c.  in 15,  19,  29 

Acts  as  to,  1735,  1743 99,  163 

1789,  1835,  1859 165,  170,  178 

State,  Act  to  establish,  1866 181,  202 

Established 202 

Officers  of  and  their  duties • • • 202 

Powers  of  Board  of  State  Charities  as  to 203 

Expenses,  receipts,  and  accounts  of 203 


INDEX. 


243 


PAGE 

WORKHOUSE,  continued. 

State,  removals  to  from  state  almshouses,  &c 203 

Reform  school,  &c 203 

Punishment  for  escaping,  &c.  from 203 

Certain  trial  justices  to  have  jurisdiction  of  removals  to ... . 204 

Pees  of  and  expenses  of  trial,  &c 204 

Appropriation  for  purpose  of 204 

Powers  of  cities,  &c.  not  affected  by  Act  as  to 204 

Y. 

YOUNG  MEN’S  BENEVOLENT  SOCIETY. 

Act  to  incorporate,  1852 174 


ERRATA. 


On  page  42,  transfer  last  marginal  note  to  § 39. 

100,  n.,  line  8,  dele  “ 8 & 9,  Geo.  II.,  c.  3.” 

“ “ “ io,  “ from  “same”  to  “by”  inclusive,  and  read  “provisions  of 

any  one  are  not  modified  by  the.” 

On  page  167,  line  45,  for  “ Rouges  ” read  “ Rogues.” 

171,  “ 26,  “ “ persens  ” read  “persons.” 

174,  “ 3,  “ “ Passangers”  read  “ Passengers.” 

182,  at  top,  “ “ City  Documents ” read  “Statutes.” 

212,  line  8,  “ « 1856  ” read  “ 1866.” 


Section  25  of  chapter  71,  of  the  General  Statutes,  which  appears  to  have  been  omitted 
in  the  Laws  and  Ordinances  of  1863,  is  as  follows : — 

“ If  a foreigner  brought  into  this  State  in  the  manner  specified  in  section  four,  [by  any 
conveyance  by  land,  or  by  any  lines  of  communication  established  for  the  regular  trans- 
portation of  passengers  by  water,  not  extending  beyond  or  stopping  at  places  without  the 
United  States,]  falls  sick,  or  from  any  cause  becomes  a public  charge  within  one  year 
thereafter,  the  Commonwealth,  or  any  place  incurring  expenses  for  his  support,  sickness, 
or  burial,  may  in  an  action  of  contract  recover  the  amount  of  such  expenses  of  the  cor- 
poration or  party  by  whose  means  the  person  was  brought  into  the  State  : provided , that 
the  party  so  liable  shall  be  notified  of  his  liability  in  each  case,  as  soon  as  practicable,  in 
order  that  such  party  may  if  so  disposed  provide  means  of  support  or  removal.” 


Insert  the  following  Acts  in  regard  to  aid  to  the  families  of  Volunteers  and  Seamen, 
&c.,  in  their  appropriate  places : — 


St.  1861,  c.  222. 
St.  1862,  c.  66. 
St.  1862,  c.  151. 
St.  1862,  c.  166. 


May  23,  1861. 
March  18, 1862. 
April  26,  1862. 
April  29,  1862. 


Sup.  to  G.  S.  87. 
lb.  102. 
lb.  127. 
lb. 134. 


/ 


